Rajendra Menon, J.
Kalpana Karatkar v. State of M.P. and others
Writ Petition No.8410 of 2004(S) (Jabalpur); Decided on 29.1.2009.
Held: When the law laid down by the Supreme Court mandates enquiry to be conducted by a police officer and acceptance of the same by the committee or permits rejection of the same on being found to be untenable it was incumbent upon the committee to accept the report dated 6.1.2003 submitted by the Superintendent of Police, Bhopal.
The High Power Committee directed the Superintendent of Police to conduct an enquiry and submit report. Once the report of the Superintendent of Police was available and when this report is based on a fact finding enquiry conducted by the police authorities after visiting the place and area where the petitioner was staying, the High Power Committee should have accepted this report in its totality. 2008(III) MPWN 80 distinguished. (1994)6 SCC 241 followed.
[Paras 10 & 11
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1. Challening the order Annexure P-5 dated 24.12.1998 passed by the Director, Adim Jaati Anusandhan Sansthaan, Bhopal terminating the services of the petitioner and the findings recorded by the High Power Committee vide Annexure P-9 dated 12.3.2003 petitioner has filed this petition.
2. Petitioner claims to be a person belonging to caste 'Dhobi' by birth, which is notified as Scheduled Caste in the District of Bhopal, under Appendix I Part IX to the Scheduled Castes and Scheduled Tribes Orders, 1976 at serial No.22 in the Districts of Bhopal, Raisen and Sehore. Claiming herself to be a person staying in Bhopal after her forefathers had migrated in the year 1949 petitioner sought appropriate certificate from the competent authority. The Tahsildar concerned in the year 1992 granted certificate to the petitioner after due enquiry vide Annexure P-l on 22.9.1993 declaring the petitioner to be a person belonging to 'Dhobi' community, a scheduled caste person.
3. Based on the aforesaid certificate and taking advantage of the reservation policy, petitioner sought appointment on the post of Stenographer/Typist in Adim Jaati Anusandhan Sansthan, Bhopal and she was appointed vide order Annexure P-2 dated 20.12.1995. It seems that during the scrutiny of her caste certificate by the office of Sub-Divisional Officer, Tahsil Huzur District Bhopal, it transpired that the petitioner does not belong to the scheduled caste community of 'Dhobi' and, therefore, vide order Annexure P-3 dated 28.9.1998 the Sub-Divisional Officer, Huzur cancelled the caste certificate granted to the petitioner vide Annexure P-l dated 22.9.1993. Thereafter, vide Annexure P-4 dated 4.12.1998 the Collector, Bhopal intimated respondent No.1 about cancellation of petitioner's caste certificate. As a consequence thereof, respondent No.1 cancelled appointment of the petitioner vide Annexure P-5 dated 24.12.1998.
4. Being aggrieved thereof, petitioner preferred an application under section 19 of the Administrative Tribunal Act, 1985 before the M.P. State Administrative Tribunal, Bhopal being O.A. No.949/98 and a bench of the Tribunal vide Annexure P-6 dated 27.4.2002 directed the matter to be referred to the High Power Caste Scrutiny Committee constituted by the State Government in accordance with the principles laid down by the Supreme Court in the case of Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Developmentand others [(1994)6 SCC 241]. The High Power Committee constituted by the State of Madhya Pradesh conducted enquiry into the matter. Petitioner appeared and submitted various documents collectively filed as Annexure P-7 and by the impugned report Annexure P-9 dated 12.3.2003 the committee having negated the claim of the petitioner and having declared not to be a member belonging to the scheduled caste community of 'Dhobi', the petitioner is before this Court challenging the order passed by the respondent No.1 terminating her services and findings recorded by the High Power Committee in its report Annexure P-9.
5. Shri Akshay Dharmadhikari, learned counsel appearing for the petitioner, by taking me through the findings recorded by the High Power Committee in its report Annexure P-9 the requirement to be complied with and the procedure to be followed by the committee while conducting the enquiry in accordance with the principles laid down by the Supreme Court in the case of Madhuri Patil (supra), emphasized that the committee has totally misdirected itself and has recorded a finding which is perverse and contrary to the material available on record. Referring to the report submitted by the Superintendent of Police, Bhopal on 11.7.2002, the findings recorded by the Superintendent of Police, which is accepted by the committee itself. Shri Dharmadhikari emphasized that ignoring these factors, the committee again placed reliance on the communication of the Collector Annexure P-4 dated 4.12.1998 and recorded a finding which is not based on
2. Domudas Dhakate v. State of M.P. and others = [2008(III) MPWN 80, ILR (2008) M.P. 1448]
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