IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13075 of 2016 In the matter of an application under Articles 226 and

227 of the Constitution of India.

………………

Janak Kumar Pradhan @ Nayak …. Petitioner -versus-

Chairman, State Level Scrutiny …. Opposite Committee, Ganjam and Parties Others For Petitioners : Mr. P.C. Chhinchani, Adv.

For Opp. Parties : Mr. A. Tripathy, Addl. Govt. Advocate PRESENT:

THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY ---------------------------------------------------------------------------------

Date of Hearing: 06.11.2024 and Date of Judgment: 27.01.2025 ---------------------------------------------------------------------------------

Biraja Prasanna Satapathy, J

1. The Present Writ Petition has been filed inter alia challenging the final order passed by the State Level Scrutiny Committee on 29.03.2016 in F.C.C.No.57 of 2012 under Annexure-7. Vide the said order, State Level Scrutiny Committee (Southern Divn.) Opp. Party No.1 while directing for cancellation of the Caste Certificate issued in favour of the Petitioner by holding the Petitioner having not belong to S.T, directed for cancellation of the Caste Certificate so issued in favour of the Petitioner along with other directions to initiate criminal proceeding and to remove the Petitioner from his services.

2. Learned counsel appearing for the Petitioner contended that Petitioner was issued with the Certificate in question by the Tahasildar, G. Udayagiri vide RMC No.27/86. In the said certificate, Petitioner was declared having belong to Scheduled Tribe category i.e. Kandha (Christian). Learned counsel appearing for the Petitioner contended that such a certificate was issued in favour of the Petitioner in RMC No.27/86, basing on the inquiry report submitted by the Revenue Supervisor under Annexure-1 series. It is contended that the concerned Revenue Supervisor basing on the direction issued by the Tahasildar, G. Udayagii not only caused a detailed inquiry but also submitted the report on 18.08.1979 under Annexure-1 series. In the said report, it was clearly indicated that the Petitioner belongs to Scheduled Tribe Community having belong to Kandha (Christian). A clear finding was also given that the Petitioner does not belong to Pano (Christian). It is also contended that such a finding was arrived at by the Revenue Inspector basing on the statement of various witnesses recorded by him.

2.1. It is contended that basing on the report available under Annexur-1, not only Petitioner was issued with the Caste Certificate showing him having belong to S.T in RMC No.27/86, but also by utilizing the same, Petitioner was appointed as a Constable in C.R.P.F. A further submission was made that such an inquiry was conducted basing on the allegation made before the Tahasildar, G. Udayagiri under Annexure-1 series.

2.2. It is contended that not only Petitioner was declared as having belong to S.T, his caste being Kandha (Christian), but also in the R.O.R issued in the name of his father under Khata No.33 under Annexure- 4, Petitioner’s caste was shown as Kandha (Christian) i.e S.T.

2.3. It is contended that while the matter stood thus, basing on the report submitted by the I.O that Petitioner does not belong S.T Community, the proceeding in FCC No.57/2012 was initiated in the file of Opp. Party No.1. After initiation of the said Proceeding in FCC No.57/2012, Petitioner was issued with the show-cause by Opp. Party No.1 vide letter No.1217 dt.22.05.2014.

2.4. It is contended that on receipt of the show-cause vide letter dt.22.05.2014, Petitioner submitted his reply on 25.09.2014 under Annexure-6. It is contended that a stand was taken in the reply to the show-cause that Petitioner has been rightly issued with the Caste Certificate, having belong to ST, his sub-caste being Kandha (Christian) and the said certificate was issued basing on the inquiry report submitted by the Revenue Supervisor under Annexure-1. But Opp. Party No.1 without proper appreciation of the reply to the