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2014 Supreme(MP) 47

MADHYA PRADESH HIGH COURT
S.C. Sharma, J.
Sharda Nimje v. Government of India and others
Writ Petition No.547 of 2013 (Indore); Decided on 16.1.2014.

Advocates:
Romil Malpani for petitioner;
V. Saran, Assistant Solicitor General for respondent/Union of India.

Headnote:Constitution of India -- Art.226 -- allegation of procuring fake caste certificate -- State Level High Power Caste Scrutiny Committee alone competent to verify and declare the social status certificates to be invalid or valid -- no jurisdiction of District Authorities in such matters.

       Held : A liberty was granted to the respondents to place the matter before the High Power Committee and the High Power Committee was required to verify the caste status/caste certificate of the petitioner. The same has not been done.

       Resultantly, the impugned order passed by the Director dated 19.5.2011 as well as the subsequent charge-sheet dated 8.10.2012 are hereby quashed. The respondents No.1 and 3 are directed to again refer the matter to respondent No.2 for placing it before the High Level Caste Scrutiny Committee .... The High Power Committee shall also accord an opportunity of hearing to the petitioner and shall pass a reasoned order in the matter. The respondent No.3 shall immediately forward the matter to the High Power Committee within 30 days and the High Power Committee shall conduct an appropriate enquiry and submit a report after following the prescribed procedure, as early as possible, preferably within 90 days from the date of receipt of request from the respondent No.3. The respondent No.3 shall be free to take any further consequential action in the matter after receiving the report from the Committee. AIR 1995 SC 94 followed.

       Hkkjr dk lafo/kku && vuq-226 && tkyh tkfr izek.k&i= izkIr djus dk vfHkdFku && lkekftd gSfl;r izek.k&i=ksa dk lR;kiu djus rFkk mudk vfof/kekU; ;k fof/kekU; gksuk ?kksf”kr djus ds fy, dsoy jkT; Lrjh; mPp ‘kfDr tkfr tk¡p lfefr gh l{ke && bu ekeyksa esa ftyk izkf/kdkfj;ksa dh dksbZ vf/kdkfjrk ughaA

       vfHkfu/kkZfjr % izR;FkhZx.k dks mPp ‘kfDr lfefr ds le{k ekeyk j[kus dh Lora=rk nh xbZ Fkh rFkk mPp ‘kfDr lfefr ls ;kph dh tkfr gSfl;r@tkfr izek.k&i= dk lR;kiu djus dh vis{kk dh xbZ FkhA ;g ugha fd;k x;kA

       ifj.kkeLo:i] funs’kd }kjk ikfjr vkns’k fnukad 19-5-2011 rFkk i’pkr~orhZ vkjksi&i= fnukad 8-10-2012 ,rn~}kjk vfHk[kafMr fd, tkrs gSaA izR;FkhZ Ø-1 rFkk 3 dks ekeyk mPp Lrjh; tkfr tk¡p lfefr ds le{k j[kus ds fy, fQj ls izR;FkhZ Ø-2 dks fufnZ”V djus dk funs’k fn;k tkrk gSA ---- mPp ‘kfDr lfefr ;kph dks lquokbZ dk volj Hkh nsxh rFkk ekeys esa ldkj.k vkns’k ikfjr djsxhA izR;FkhZ Ø-3 rqjar 30 fnu ds Hkhrj ekeyk mPp ‘kfDr lfefr dks vxzsf”kr djsxk rFkk mPp ‘kfDr lfefr leqfpr tk¡p djsxh rFkk fofgr izfØ;k dk ikyu djus ds i’pkr~ ;FkklaHko ‘kh?kz] vf/kekurk ls izR;FkhZ Ø-3 ls izkFkZuk dh izkfIr ds fnukad ls 90 fnu ds Hkhrj fjiksVZ izLrqr djsxhA lfefr ls fjiksVZ izkIr djus ds i’pkr~ izR;FkhZ Ø-3 ekeys esa dksbZ Hkh vfrfjDr ikfj.kkfed dkjZokbZ djus ds fy, Lora= gksxkA , vkb vkj 1995 ,l lh 94 vuqlfjrA

       

ORDER

1. The petitioner before this Court, a lady Sub-Inspector serving the Central Industrial Security Force, has filed this present writ petition being aggrieved by the order dated 19.5.2011 passed by the respondent No.2 by which the respondent No.2 has refused to verify the caste certificate of the petitioner on the ground that the relevant documents are not available with them.

2. The contention of the petitioner is that based upon the letter dated 19.5.2011 (Annexure P-10) issued by the Director, Schedule Tribe Research and Training Centre, Chhattisgarh, a charge-sheet has been issued on 8.10.2012 and the respondents have instituted a Departmental Enquiry alleging that the noticee has procured a fake caste certificate. The contention of the petitioner is that she was appointed as a Sub-Inspector by order dated 22.10.2004 and she belongs to Scheduled Tribe. In the year 1995 petitioner’s father was posted at Raigarh, Chhattisgarh and the petitioner, as she is a member of Scheduled Tribe (Halba), applied for grant of a caste certificate and the same was issued on 12.5.1995. The petitioner thereafter applied for appointment to the post of Sub-Inspector and she was appointed by order dated 20.10.2004. It has been further stated that a charge-sheet was issued on 20.4.2009 and the petitioner preferred a writ petition before the High Court of Chhattisgarh and the same was allowed with liberty to the respondents to verify the matter by placing it before the High Power Committee. The contention of the petitioner is that the High Power Committee has not given any final finding in case of the petitioner and based upon the letter of the Director (Annexure P-10) a fresh charge-sheet has been issued.

3. On the other hand, a reply has been filed on behalf of the employer and it has been stated by the employer that a letter has been received from the Member-cum-Joint Director of the High Power Committee expressing his inability to verify the petitioner’s certificate in absence of the documents and based upon the letter of the Joint Director dated 19.5.2011 they have initiated action against the petitioner.

4. This Court has carefully gone through the documents on record and it nowhere establishes that the High Power Committee has given any findings in respect of the caste status of the petitioner.

5. This is the second visit of the petitioner before a High Court. In the earlier order passed by the Chhattisgarh High Court, in paras 2 to 13, the Chhattisgarh High Court has held as under :

“2. Caste of the petitioner, in brief, is that the petitioner is working as Sub-Inspector at unit A.S.G., Jaipur (Rajasthan). The petitioner belongs to Halba community, i.e., Scheduled Tribe category. The caste certificate was issued by the Tahsildar Raigarh on 12.5.1995. On promotion of the petitioner on the higher post, the respondent No.3 vide letter dated 24.8.2005 (Annexure P-3) enquired about the social status of the petitioner from the District Magistrate/Collector, Raigarh. Thereafter the Collector director the Tahsildar to ascertain about the social status of the petitioner. The Tahsildar submitted his report dated 18.7.2008 (Annexure P-4) stating that the caste certificate issued in respect of the petitioner is not in proper format, therefore, the same cannot be treated as genuine document. On 30.7.2005 (Annexure P-5) again the respondent No.3 requested the District Magistrate to conduct fresh enquiry in respect of the social status of the petitioner. The respondent No.5 after recording the statement of the petitioner’s father and after completion of enquiry submitted his report on 13.10.2008 (Annexure P-9) stating that the father of the petitioner was not resident of Raigarh prior to 1950, therefore, the certificate obtained by the petitioner was not a valid caste certificate. The respondent No.4 without considering the facts and circumstances of the case and without applying his mind, accepted the report and it was further sent on 31.12.2008 to the r





























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