The central legal point established is the requirement to follow the prescribed procedure, uphold the principles of natural justice, and provide the petitioner with an opportunity to defend his case.

JUDGMENT

Heard learned counsel, Mr. B. Banerji for the petitioner and learned counsel, Mr. A. Ghosh for the State respondents. A caste certificate that the petitioner belonged to Scheduled Caste community (Namasudra) was issued by the District Magistrate & Collector, South Tripura on 27.12.1974 (Annexure-1 to the writ petition). On 11.07.1996, respondent No. 2 issued a show cause notice (Annexure-3 to the writ petition) to the petitioner asking him to show cause as to why the said caste certificate dated 27.12.1974 should not be cancelled. In response to the show cause notice, the petitioner submitted his reply in writing (Annexure-4 to the writ petition).

2. Taking into consideration the show cause reply submitted by the petitioner and further taking into consideration a report submitted by the Chairman, Scheduled Caste Sub-Committee of Matabari Block, respondent No. 2, the District Magistrate & Collector by Memo. dated 31.07.1996 (Annexure-6 to the writ petition) cancelled the Scheduled Caste certificate issued in the name of the petitioner. After cancellation of the S.C. certificate of the petitioner, vide Memo. No. F.Con/262/CEE/94/18872-75, dated 05.11.1996 (Annexure-9 to the writ petition) a disciplinary proceeding was initiated on the sole article of charge that the petitioner fraudulently obtained the caste certificate.

3. By filing the present writ petition, the petitioner challenged the impugned Memo. dated 31.07.1996 (Annexure-6 to the writ petition) whereunder caste status certificate of the petitioner has been cancelled and the disciplinary proceeding initiated by Memo. dated 05.11.1996 (Annexure-9 to the writ petition).

4. Respondents contended that Scheduled Caste Sub-Committee of Matabari Block verified the caste status certificate of the petitioner and found that the petitioner did not belong to Scheduled Caste community (Namasudra) and based on that report a show cause notice was issued to the petitioner by the District Magistrate & Collector, i.e. the issuing authority of the caste certificate and considering the show cause reply submitted by the petitioner and further considering the report submitted by the Scheduled Caste Sub-Committee of Matabari Block, the caste status certificate of the petitioner was cancelled by impugned order dated 31.07.1996 and, consequently a disciplinary proceeding also was drawn up against the petitioner as per the provisions prescribed in the Tripura Scheduled Castes and Scheduled Tribes Reservation Act and Rules framed thereunder.

5. Learned counsel, Mr. Banerji appearing for the petitioner submits that respondent No. 2, the District Magistrate & Collector had no authority to cancel the caste status certificate issued in the name of the petitioner. According to the provisions prescribed under the Tripura Scheduled Castes and Scheduled Tribes Reservation Act and Rules framed thereunder, the State Level Scrutiny Committee is only authorized to deal with issuance of caste certificate and to cancel the same. Learned counsel has also submitted that only show cause notice was issued to the petitioner and the petitioner submitted reply of the show cause notice but no opportunity was given to the petitioner to defend his case to adduce evidence, to cross-examine the witnesses or to controvert the evidence on which the Scheduled Caste Sub-Committee of Matabari Block relied on. So, the principle of natural justice was violated, and hence, the order cannot stand in the eye of law and, consequently, the disciplinary proceeding also cannot stand in law and fact.

6. Learned counsel, Mr. Ghosh for the State respondents, with all his fairness, has submitted that the procedure prescribed in the Tripura Scheduled Castes and Scheduled Tribes Reservation Act has not been followed and the District Magistrate & Collector, who was the issuing authority, taking into consideration the report submitted by the Scheduled Caste Sub-Committee of Matabari Block and the show cause reply submitted by