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2015 Supreme(Tri) 633

DEEPAK GUPTA, U.B.SAHA
Gopal Sherpa – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. SK Deb, Senior Advocate, Mr. SC Das, Advocate
For State respondents: Mr. S. Chakraborty, Addl. GA
For respondent no.2:Mr. CS Sinha, Advocate

ORDER :

Deepak Gupta, J.

By means of this writ petition, the petitioner has laid challenge to the recommendation of the Lokayukta (Annexure 15) as well as the further proceedings initiated against him by the State Level Scrutiny Committee, vide Annexure-16.

2. The undisputed facts are, that the petitioner was appointed as Fishery Officer in the Department of Fisheries, Government of Tripura on 19.05.1990 against a seat meant for the scheduled tribes. On 06.01.2001, the Tripura Upajati Karmachari Committee, filed a complaint against the petitioner alleging that the petitioner had wrongly shown himself to be a member of the scheduled tribe. As per Presidential Order no. 10 of 2003, one of the scheduled tribes for the state of Tripura is ‘Bhutia’. The petitioner claims that he is a member of ‘Bhutia’ community but according to the complainants, the petitioner was a ‘Sherpa’ which is not a part of the ‘Bhutia’ community.

3. The complainant was inquired into by the State Level Scrutiny Committee which vide its Order dated 04.04.2011 held that the petitioner is a member of the scheduled tribe and he is member of the ‘Bhutia’ community. Thereafter, in the year 2014, private respondent nos.















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