IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE rd ON THE 3 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 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 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 charge-sheet issued in that regard is illegal, arbitrary and mala-fide and also alleging it to be without jurisdiction and contrary to the settled principle of law, praye