The court reaffirmed that the right to a fair hearing is fundamental and that administrative actions must adhere to principles of natural justice.

JUDGMENT

Meenakshi Madan Rai, J. -The Petitioner is aggrieved by the cancellation of his Certificate of Identification (COI) issued on 03-07-1992, vide Sl. No.1253/DCE, by the District Collector (DC), East District, which identifies him as a resident of the State of Sikkim and by extension an indian national, without affording him allegedly, an opportunity of being heard. The Petitioner, while thus assailing the Order dated 12-02-2020 of the Respondent No.3, in Case No.03/DC/2019 (Pahal Man Kami, Soreng, West Sikkim vs. Kumar Tamang, s/o. lt. Dhan Man Tamang), contended that besides his COI being cancelled by the impugned Order, the Respondent No.3 in wrongful exercise of the jurisdiction conferred on him directed the Sub-Divisional Magistrates (SDM) of Gangtok, Rangpo, Rongli and Pakyong to cancel landed properties transactions which were based on the Petitioner's COI and further directed the Station House Officer (SHO) of the Sadar Police Station to register a case against the Petitioner for misrepresentation of facts.

2. Learned Senior Counsel for the Petitioner adverting to the facts of the case contended that in the erstwhile kingdom of Sikkim, Sikkim Subject Certificate (SSC) was issued to its citizens in terms of the Sikkim Subject Regulation, 1961. This regulation was repealed from the 'Appointed Day' i.e., 26-04-1975, when Sikkim became the 22nd State of India. Nevertheless, the state adopted the practice of issuing COI whereby such certificates were issued inter alia to persons whose father's name was included in the register of SSC. That, the Petitioner is a permanent resident of Kayong Busty, Pakyong Sub-Division and his parents are late Dhan Man Tamang and late Ganga Maya Tamang, which is recorded as such in the school admission register of the Government School, at Dikiling, where he was educated and his date of birth is 06-06-1966. He was known variously as Kumar Tamang and Hari Kumar Tamang. Later he chose to be a professional driver. The COI (supra) was issued to him on due verification obtained from the local Panchayat, the Superintendent of Police (SP), Special Branch, dated 17-06-1992 and from the office of the Revenue Supervisor (East), dated 07-05-1992. Both documents found him to be the son of late Dhan Man Tamang. That, from 2009 to 2019 the Petitioner's wife was elected as a Member of the Legislative Assembly (MLA), from a Constituency in South Sikkim and was a Minister in the Government led by the Sikkim Democratic Front party. To humiliate and defame her, one Madan Tamang was instigated by her political rivals to file a false case on 28-08-2018, complaining that her husband, had procured a COI falsely claiming to be the son of late Dhan Man Tamang when in fact he was his step grandson. COI Case No.20 of 2018 (Mr. Madan Tamang, r/o Palitam Busty, Namthang vs. Mr. Kumar Tamang, r/o. Kayong Busty, East Pendam) was registered before the Respondent No.3, which was subsequently withdrawn on 16-012019, the Complainant having admitted that the Petitioner was the real son of late Dhan Man Tamang. A second Complaint dated 1807-2019 came to be lodged by one Pahalman Kami, who too alleged that the Petitioner's COI was obtained falsely. This Complaint was registered as COI Case No.03/DC/2019 (Pahal Man Kami, Soreng, West Sikkim vs. Kumar Tamang, s/o. lt. Dhan Man Tamang) in the office of the Respondent No.3. On 20-11-2019, the Complainant sought to withdraw his Complaint on his failure to substantiate his case. The withdrawal application was taken up on the same date but the Respondent No.2 instead of giving the case a closure, mala fide issued an Order on 25-11-2019, directing Respondent No.3 to take up the matter suo motu and enquire immediately, sans reasons. It was further alleged that the above situation arose as the Respondent No.2 had inimical relations with the Minister on account of his transfer, allegedly at her behest, from the post of District Collector to a less influential post. That, at the instance