IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 3^rd OF JULY, 2023

WRIT PETITION No. 14972 of 2023

BETWEEN:-

LAYAKRAM MAJHI S/O SHRI GOTURAM MAJHI, AGED

ABOUT 28 YEARS, OCCUPATION: SERVICE POSTED AS

CONSTABLE NO.659 POSTED IN DISTRICT POLICE

FORCE,

DATIA

POLICE

LINE,

DISTRICT

DATIA

(MADHYA PRADESH)

.....PETITIONER

(BY SHRI SHRI D.P. SINGH - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH THROUGH ITS

PRINCIPAL SECRETARY, DEPARTMENT OF HOME

MANTRALAY,

GOVERNMENT

OF

MADHYA

PRADESH, VALLABH BHAWAN BHOPAL (MADHYA

PRADESH)

2.

THE DIRECTOR GENERAL OF POLICE, POLICE

HEADQUARTERS

JANHAGEERABAD

BHOPAL

(MADHYA PRADESH)

3.

THE

SUPERINTENDENT

OF

POLICE DATIA

DISTRICT DATIA (MADHYA PRADESH)

.....RESPONDENTS

(SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the

following:

ORDER

The present petition, under Article 226 of the Constitution of India, has

been filed by the petitioner being aggrieved by charge-sheet dated 06.06.2022

issued by Respondent No.3 for the cause of year 2013-14 i.e. after more than

1

Signed by: PAWAN KUMAR

Signing time: 12-12-2023

11:05:51 AM

Signature Not Verified

08 years with an inordinate delay without explaining any reason, which vitiates

the whole exercise of the respondents, as the same is contrary to law laid down

by the Hon'ble Apex Court in the matter of the State of Madhya Pradesh vs.

Bani Singh & Another reported in AIR 1990 SC 1308 and in the matter of

State of State of Andhra Pradesh vs. N. Radhkishan reported in AIR 1998

SC 1833. Further, challenge is made alleging issuance of the said charge-sheet

to be in excess of jurisdiction encroaching rights of the High Power Committee

making allegations with regard to holding the enquiry over the caste certificate

for its genuineness which is contrary to law laid in the matter of Kumari

Madhuri Patil v. Additional Tribal Commissioner reported in AIR 1995

SC 94.

2. Short facts of the case are that in the year 2013-14, the Respondents

have initiated the process for recruitment over the post of Constables wherein

the petitioner had applied under scheduled caste category and after due

verification of his caste certificates and documents by the Police, the petitioner

got appointed as Constable vide order dated 19.08.2014.

3. On a complaint made by one Gouri Shankar Rajput, a self-imposed

R.T.I. Activist, the petitioner was placed under suspension vide order dated

30.05.2022 and a criminal case was also registered vide Crime No.273 of 2022

under Sections 420, 467, 468 and 471 of IPC.

4. The complaint made by so called RTI Activist was with regard to

caste certificate of the petitioner alleging it to be bogus and concocted and on

its basis, FIR was lodged and a departmental inquiry was initiated against the

petitioner. Though it is a settled proposition of law that with regard to

ascertaining the genuineness of the caste certificate, the procedure is to be

followed as laid down by the Hon'ble Apex Court in the matter Kumari Madhuri

2

Signed by: PAWAN KUMAR

Signing time: 12-12-2023

11:05:51 AM

Signature Not Verified

Patil (supra) and the power of scrutiny lay with the High Power Committee

constituted by the State and in that regard, vide Circular dated 16.05.2005, the

General Administration of Department AD of State of Madhya Pradesh had

issued guidelines for verification of genuineness of caste certificate through

High Power Committee and later vide clarifactory Circular dated 17.08.2005

issued by the GAD, the authorities are restrained from taking action against the

employees who belong to Majhi Community. Thus whenever a complaint is

received or doubts over the caste certificate is raised, the matter is required to

be forwarded to the High Power Committee for investigation/verification, to

ascertain its genuineness and therefore, Respondent No.3 since had no power

and authority to give any finding on the caste certificate, thus the