JUDGMENT The judgment of the Court was as follows:–– The petitioner was appointed as a temporary Lower Division Clerk-cum-Typist under the office of the Collector, Burdwan by a memo bearing No. 2739(67) dated 10th November, 1987, which is Annexure 'A' to 'he writ petition. 2. The petitioner submitted his caste certificate in support of his candidature and considering the caste certificate issued by the Metropolitan Magistrate, Calcutta, on 25th May, 1982, which is Annexure-'B' to the writ petition; the petitioner was appointed as a Lower Division Clerk-cum-Typist. 3. By a memo bearing No. 652 dated 22nd March, 1988, the petitioner was directed to submit his caste certificate in support his candidature as a member of Scheduled Caste for the purpose of employment in Government service under the Government of West Bengal in terms of Rule 8 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies & Posts) Rules, 1976, within one month from the date of receipt of the notice, failing which the petitioner's service would be terminated after expiry of one month. The memo bearing No. 652 dated 22nd March, 1988, is Annexure-'C' to the writ petition. 4. Pursuant to such notice the petitioner addressed a memorandum to the Collector, which is Annexure-'D' to the writ petition, stating inter alia, that the petitioner submitted his application for issuing a Scheduled Caste certificate in his favour to the Sub-Divisional Officer, Sadar, through the Special Officer Burdwan on 4th April, 1988. 5. In the aforesaid memorandum the petitioner has also stated that he had submitted the Scheduled Caste certificate to the competent authority and as the competent authority did not accept the same, the petitioner approached the Sub-Divisional Officer, Sadar, through the Special Officer, Scheduled Castes and Scheduled Tribes Office, Burdwan, on 4th April, 1988. 6. The Sub-Divisional Officer, Sadar, had caused an enquiry on the basis of the statement adduced by some people and the Enquiring Officer rejected the contention of the petitioner. On the basis of the report of the Enquiring Officer, the Sub-Divisional Officer, Burdwan, rejected the claim of the petitioner for being considered as Scheduled Caste. 7. Upon such consideration the petitioner was served a notice bearing No. 2554 dated 13th September, 1990, terminating the service of the petitioner with effect from 31st October, 1990. 8. On the basis of the report of the Enquiring Officer, the Sub-Divisional Officer, Burdwan, rejected the claim of the petitioner for being considered as Scheduled Caste. 7. Upon such consideration the petitioner was served a notice bearing No. 2554 dated 13th September, 1990, terminating the service of the petitioner with effect from 31st October, 1990. 8. The memo bearing No. 2554 dated 13th September, 1990, which is Annexure-'I' to the writ petition, is the subject-matter of challenge in this writ petition. 9. This writ petition was initially moved on 30th October, 1990 and Shyamal Kumar Sen, J. passed an interim order directing the respondents to maintain status quo with regard to the service of the petitioner till 30th November, 19S0. Subsequently, the interim order was extended till disposal of the writ petition. 10. On 8th January, 1991, the learned Advocate appearing for the State-respondents produced the decision taken by the Sub-Divisional Officer, Burdwan, on 27th May, 1988, rejecting the claim of the petitioner for issuing a certificate in favour of the petitioner. On 8th January, 1991, the petitioner was given liberty to file a supplementary affidavit dealing with the said decision. 11. Pursuant to such leave granted to the petitioner, the petitioner filed a supplementary affidavit affirmed on 31st January, 1991 which was also served upon the learned Advocate appearing for the State-respondents. 12. In the affidavit-in-opposition it has been contended that the Scheduled Caste certificate need be issued by the appropriate authority under Section 8 of the West Bengal Scheduled Castes/Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976 and rules framed thereunder. 13. Section 8 of the said Act contemplates the cognizance of offence and for violation of provisions of the Act. The averments made in paragraph 6 or the affidavit-in-opposition are true to information derived from the records. 14. Rule 8 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976, also con templates the scheme and the authority of the officers who are competent to issue the Scheduled Caste or Scheduled Tribe certificate. 14. Rule 8 of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976, also con templates the scheme and the authority of the officers who are competent to issue the Scheduled Caste or Scheduled Tribe certificate. The officers who are vested with the power to issue the Scheduled Castes or Scheduled Tribes certificates includes (i) in case of Districts, District Magistrate, Additional District Magistrate, Deputy Commissioner, Additional Deputy commissioner, Sub-Divisional Officer or any other officer of or above the rank of Deputy Secretary to the Government of West Bengal, (ii) in case of Presidency Town of Calcutta, Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate, Director, Scheduled Castes and Tribes, Welfare, Deputy Director, Scheduled Castes and Tribes Welfare or any officer of or above the rank of Deputy Secretary to the Government of West Bengal. 15. From the Annexure-'B' it appears that the petitioner had submitted his Scheduled Caste certificate at the time of his appointment in support of his candidature which was issued by the Metropolitan Magistrate, 4th Court, Calcutta. At the material point of time, the petitioner resides at Calcutta and accordingly the certificate issued by the Metropolitan Magistrate, 4th Court, Calcutta, was valid to that extent and is still valid. 16. The impugned order of termination of service dated 13th September, 1990, is a vague order inasmuch as the Collector, Burdwan, by the impugned order dated 13th September, 1990, terminating the service observed, inter alia, as follows:–– "And whereas you failed to produce the Scheduled Caste certificate acceptable to State Government after lapse of more than 2 years inspite of your prayer to produce the same within 3 months being granted, it is ordered that your service hereby terminated." 17. Admittedly, the petitioner submitted his Caste Certificate before issuing the appointment letter and upon consideration of Scheduled Caste Certificate the petitioner was appointed. 18. If the determination of the Sub-Divisional Officer is required to be considered then it transpires from the determination of the Sub-Divisional Officer that an enquiring officer had relied upon the statement of some persons, namely, Sri Naresh Chandra Saha, Smt. Gouri Saha and Sri Sukumar Saha and relying upon their statements the enquiring officer rejected the claim of the petitioner for being treated as Scheduled Caste. 19. 19. The learned Advocate appearing for the petitioner has produced affidavits affirmed by Sri Naresh Chandra Saha, Smt. Gouri Saha and Sri Sukumar Saha, affirmed on 25th February, 1991, 22nd February, 1991 respectively. 20. From the affidavit affirmed by Sri Naresh Ch. Saha, the statements made therein, inter alia, as follows :–– 1. That I am the elder brother of Thakurdas Saha and we belong to 'Sunri' community having our title 'Saha'. 2. That I state further that so far as I know that we belong to the members of a Scheduled Caste family having our Sub-Caste 'Sunri'. 3. That I state further that Rekha Sengupta never came to our house in respect of any enquiry as to granting of Scheduled Caste Certificate to my brother as alleged or at all. 4. That I state further that I am not aware of my enquiry of the same. No notice or intimation was ever served upon me, nor did I depose in respect of the same anywhere. Naturally, the question of putting my signature anywhere did not arise at all. 5. That I further state that I never make any statement before any officer either on 23.5.88 or 27.5.88. In fact I did not know who is Rekha Sengupta, an Enquiry Officer or the alleged enquiry. 6. That I state further the alleged enquiry report made on 23.5.88 or 27.5.88 by the alleged enquiry officer, Rekha Sengupta is wholly manufactured, concocted and baseless." 21. The other two affidavits, by Smt. Gouri Saha, who is the elder brothers' wife of Thakurdas Saha and Sri Sukumar Saha who is the neighbour of Thakurdas Saha for a long time, are of the same nature. 22. In all the three affidavits they have contended that to their knowledge there was no enquiry by Smt. Rekha Sengupta and Sri Sukumar Saha and Sri Thakurdas Saha belonged to the same family of 'Sunri' community and they belonged to 'Sunri' community having their title 'Saha'. 23. In such view of the matter, this Court is reluctant to give any weightage and cognizance to the report of Smt. Rekha Sengupta and the determination by the Sub-Divisional Officer, Burdwan. 24. Having heard the learned Advocates appearing for the parties I think and hold that the respondent could not justify the impugned order of termination of service which is Annexure-'I' to the writ petition. 24. Having heard the learned Advocates appearing for the parties I think and hold that the respondent could not justify the impugned order of termination of service which is Annexure-'I' to the writ petition. The petitioner submitted his Scheduled Caste Certificate to the competent authority and thereafter the petitioner was considered as Scheduled Caste under 'Sunri' community having their title 'Saha'. 25. In such view of the matter, the determination by the Sub-Divisional Officer, Burdwan, is cancelled and set aside. The impugned order of termination of notice being memo No. 2554 dated 13.9.1990, which is Annexure-'I' to the writ petition, is set aside. The writ petition is thus allowed. There will be no order as to costs. Let plain copies of this order duly countersigned by the Asstt. Registrar (Court) be given to the learned Advocates for the parties on usual undertaking.