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BISWANATH SOMADDER, BHASKAR RAJ PRADHAN
Nim Pincho Bhutia – Appellant
Versus
Bhim Bahadur Rasaily/kami – Respondent
JUDGMENT
1. The two Writ Appeals seek to assail the judgment and order passed by the learned Single Judge of this Court in W.P.(C) No. 33 of 2020. W.A. No. 5 of 2022 has been preferred by one Nim Pincho Bhutia (respondent no.6 in the Writ Petition) and W.A. No.7 of 2022 has been preferred by the State of Sikkim and others (respondent nos. 1, 2, 3 & 4 in the Writ Petition).
2. The Writ Petition was preferred by Bhim Bahadur Kami and five others, who are respondent nos.1 to 6 in both the Writ Appeals (for convenience they are collectively referred to as the writ petitioners). According to the Writ Petition, Bhim Bahadur Kami was born on 10.02.1949 to late Gumaney Kami and late Echu Maya. The respondent nos. 2 to 6 claim to be the natural sons of Bhim Bahadur Kami.
3. The Writ Petition was filed challenging an order dated 17.12.2019 passed by the Additional District Magistrate in COI Case No. 27/DM/East of 2018 and the order dated 13.10.2020 passed by the Appellate Authority in Appeal Case No. 01 of 2020 against the order dated 17.12.2019.
4. The dispute arose in the following manner:
Chhoke Doma Bhutia (respondent no.5 in the Writ Petition) made a complaint to the Additional District Coll
The cancellation of Certificates of Identification was deemed illegal due to violations of natural justice, requiring proper inquiry and opportunity for defense.
The cancellation of Certificates of Identification was found illegal, arbitrary, and violative of natural justice principles, reaffirming the validity of previous verifications that established petit....
The court reaffirmed that the right to a fair hearing is fundamental and that administrative actions must adhere to principles of natural justice.
The court confirmed that the burden of proof for indigenous identity lies with the petitioner, reinforcing that DNA testing cannot be mandated without consent and administrative decisions must adhere....
The central legal point established in the judgment is that a person with a case based on falsehood has no right to approach the Court, and knowingly producing fabricated and fraudulent documents to ....
Point of law : As seen from sub-rule (10) of Rule 9, the Commissioner of Tribal Welfare/Director of Tribal Welfare, either suo motu or on a written complaint by any person made by an employer/educati....
Caste claim – Forged and fabricated - - Forefather of the respondent no.3 were “Sikh Chamar”, the respondent no.2 accepted the caste claim of the respondent no.3 as “Mochi” which is a separate caste ....
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
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