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2009 Supreme(SC) 1382

TARUN CHATTERJEE, R.M.LODHA
Rampal – Appellant
Versus
State of Haryana – Respondent


Advocate Appeared:
For the Appellant :Subramonium Parshad, Advocate.
For the Resopondents :Rohit Sharma, Jagjit Singh Chhabra, Manjit Singh, AAG, Kamal Mohan Gupta, Advocates.

JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. This appeal is directed against the judgment and order dated 30th of April, 2008 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh in CWP No. 4215 of 2007.

3. The appellant, at the relevant point of time, was working as a Constable but he got entry in service by producing a caste certificate showing him as a scheduled caste candidate. It appears that one complaint was made against him that he got the said certificate wrongly, by showing himself as belonging to ‘Sirkiband’ caste whereas in fact he belongs to ‘Banjara’ caste, which cannot be said to be a “Scheduled Caste”. On enquiry by the Tehsildar, this certificate of the appellant was cancelled. It was the grievance of the appellant that before cancelling the certificate, no opportunity of hearing was granted to him and accordingly, the order of cancellation must be set aside.

4. Challenging the order of cancellation, a writ application was moved by the appellant before the High Court, which, by the impugned order was dismissed.

5. Feeling aggrieved, the appellant filed this special leave petition, which on grant of leave was heard in presence of



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