G. Rajesh (since dead) Through : L. RS. 1. T. M. Lovely, W/o. Late G. Rajesh v. State Of Chhattisgarh
2023-05-01
PARTH PRATEEM SAHU
body2023
DigiLaw.ai
ORDER : 1. Petitioners have filed these petitions seeking following relief (s) respectively :- “I. This Hon’ble Court may kindly be pleased to call the entire records of subject matter of the present case, from the respondents. II. This Hon’ble Court may kindly be pleased to quash/set-aside the impugned order dated 25.03.2014 passed by respondent No.2 (Annexure P1), with all subsequent orders and actions, taken in pursuance to impugned order dated 25.03.2014. III. Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of petition may be given. AND I. This Hon’ble Court may kindly be pleased to call the entire records of subject matter of the present case, from the respondents. II. This Hon’ble Court may kindly be pleased to quash/set-aside the impugned order dated 25.03.2014 passed by respondent No.2 (Annexure P- Page No.3 1), with all subsequent orders and actions, taken in pursuance to impugned order dated 25.03.2014. III. Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of petition may be given” 2. Both petitioners are real brothers and employees of respondent No.3-Bhilai Steel Plant. Petitioner – G. Rajesh obtained caste certificate from the Office of Additional Tahsildar, Durg on 20.05.1994 and petitioner – G. Girish obtained caste certificate from the office of Naib Tahsildar, Durg on 27.12.1990 of Mahar caste (Scheduled Caste). On the basis of which they entered into employment under respondent No.3/plant on the post of Plant Attendant and Attendant (Electrical) Rail Mill respectively. Caste certificates issued to them were cancelled by Joint Collector, Durg on 24.6.1999 and order of cancellation was put to challenge by both petitioners by filing writ petition in the High Court of Madhya Pradesh bearing W.P. No. 3315 of 1999 and 3041 of 1999 respectively. Writ petitions filed by petitioners came to be allowed by this Court vide order dated 08.09.2010 observing that the Joint Collector is not having any authority to cancell the caste certificate issued by competent authority in view of decision of Hon'ble Supreme Court in case of Madhuri Patil Vs. Additional Commissioner, Tribal Development, reported in (1994) 6 SCC 241 .
Writ petitions filed by petitioners came to be allowed by this Court vide order dated 08.09.2010 observing that the Joint Collector is not having any authority to cancell the caste certificate issued by competent authority in view of decision of Hon'ble Supreme Court in case of Madhuri Patil Vs. Additional Commissioner, Tribal Development, reported in (1994) 6 SCC 241 . While allowing the writ petitions, liberty was reserved to respondents to refer the matter to the High Power Caste Scrutiny Committee (Hereinafter referred to as 'the Committee') for examination in accordance with law as enunciated by the Page No.4 Supreme Court. Pursuant there to the employer-respondent No.3 has sent the matter of petitioners to the Committee. The Committee after conducting enquiry has passed the impugned orders dated 25.03.2014 cancelling the caste certificates issued to petitioners observing that according to the vigilance report petitioners' forefathers are residents of Kerala State belonging to “Vallan” caste and “Vallan” caste is notified in the list of scheduled caste in State of Kerala. It is further observed that father of petitioners migrated from Kerala to Bhilai part of erstwhile State of Madhya Pradesh for employment in Bhilai Steel Plant in the year 1958. 3. Learned counsel for petitioners submits that the order passed by the Committee (Annexure P-1) is arbitrary and is passed in utter violation of principles of natural justice. The procedure prescribed for verifying the caste certificate was not followed and proper opportunity of hearing was not granted. Vigilance cell wile conducting enquiry through Deputy Superintendent of Police in the course of enquiry though supplied the reports, but the petitioners were not permitted to cross-examine those witnesses whose statements were being relied upon. The existence of such persons whose statements are taken are not known, hence, there was no opportunity to petitioners to impeach the credibility of those report. Petitioners in reply submitted important documents to establish that petitioners and their father belongs to Scheduled caste. The Committee has not looked into the various documents and has prepared only one sided report. The enquiry conducted Page No.5 by the Deputy Superintendent of Police (Vigilance) was behind the back of petitioners. In the report it is not mentioned that caste certificate obtained by petitioners was by fraud, hence, the order Annexure P-1 dated 25.03.2014 be set-aside. 4.
The Committee has not looked into the various documents and has prepared only one sided report. The enquiry conducted Page No.5 by the Deputy Superintendent of Police (Vigilance) was behind the back of petitioners. In the report it is not mentioned that caste certificate obtained by petitioners was by fraud, hence, the order Annexure P-1 dated 25.03.2014 be set-aside. 4. Learned counsel for respondents No.1, 2 and 4 would submit that Government of India issued instructions dated 20.03.1977, mentioning clearly that the Governor of the concerned State issued orders notifying various castes and tribes in relation to the State or Union Territory from time to time. As the petitioners’ forefathers belong to State of Kerala, of Vallan caste finding its place in list of State of Kerala and therefore, revenue authority of another State or District was not competent to issue such certificate in respect of persons belonging to other State or District. He contended that the Committee, respondent No.2 adhering to the directions/circulars/instructions issued in the light of decision in case of Kumari Madhuri Patil (Supra) got the matter enquired and during the course of investigation/enquiry it was found that petitioners' caste has been recorded as “Mahar” in caste certificate and his permanent residence has been recorded as Katumpuram House Kijkepatlu, House No. 1/555, Block Nettoor, Post – Nettoor North, District Ernakulam, Kerala. Upon due verification of caste of petitioners, vigilance team gave detailed report in which all the aspects were dealt with. Father of petitioners studied in Shri Rudra Vilasam Up School Ernakulam and the copy of admission register is made available by the Page No.6 Headmaster of the concerned school and occupation of parents of petitioners was recorded as fishing and caste “Vallan”. Reply to the notice was given by petitioners and the details of petitioners in the prescribed format are also available in the record of the Committee signed by petitioners, wherein they admitted their native place of residents and caste “Vallan”. He contended that the father of petitioners migrated in the year 1956 and started residing within the territory of State of Chhattisgarh. He placed before this Court, the record of Committee. 5. Mr. Ashish Surana, learned counsel appearing on behalf of respondent No.3 would submit that writ petitions suffer from delay and latches and delay has not been explained properly.
He contended that the father of petitioners migrated in the year 1956 and started residing within the territory of State of Chhattisgarh. He placed before this Court, the record of Committee. 5. Mr. Ashish Surana, learned counsel appearing on behalf of respondent No.3 would submit that writ petitions suffer from delay and latches and delay has not been explained properly. Impugned orders are passed on 25.03.2014, however writ petitions are filed in the month of March, 2015. Adopting the submission of learned counsel for respondent State, he submits that respondent No.2 Committee in exercise of quasi judicial authority held the petitioners not entitled to get the benefit of caste certificates issued by Naib Tahsildar, Durg of Mahar caste. Petitioners belong to Vallan community, which is notified as ‘scheduled caste’ in the State of Kerala in terms of Constitution (Scheduled Caste) Order 1950. After due enquiry, the High Power Caste Scrutiny Committee cancelled caste certificates issued to the petitioners. Pursuant to the cancellation of caste certificates by the Committee, services of the petitioners were also terminated against which petitioners have preferred original applications before the Central Administrative Tribunal. Page No.7 Respondent No.2 after conducting due enquiry, providing proper opportunity of hearing based on the vigilance report have passed the impugned orders, the enquiry of the social status of petitioners conducted by respondent No.2 was in accordance with the guidelines issued in this regard by Hon'ble Supreme Court. 6. I have heard learned counsel for respective parties and perused the documents placed on record as also the record of the Committee placed before this Court by learned counsel for State. 7. Writ Petition W.P.(C) No. 577 of 2015 is filed by G. Rajesh, who died during the pendency of petition and their legal representatives were brought on record. From pleadings of the writ petitions, it is apparent that petitioners in the writ petitions have pleaded that they in reply to the show cause notice have stated that they belong to “Vallan” community which comes under the scheduled caste category in State of Kerala. The only submission made by learned counsel for petitioners before this Court during the course of arguments that procedure conducting enquiry for verifying the social status of petitioners have not been properly followed as held by Hon'ble Supreme Court in case of Madhuri Patil (supra). 8.
The only submission made by learned counsel for petitioners before this Court during the course of arguments that procedure conducting enquiry for verifying the social status of petitioners have not been properly followed as held by Hon'ble Supreme Court in case of Madhuri Patil (supra). 8. To appreciate the submission of learned counsel for petitioners, perused the record of the Committee. The note sheet and the certificate issued in the name of petitioners are on record. The Caste certificate to petitioner – G. Rajesh was issued by Additional Tahsildar, Durg on 20.05.1994 and to petitioner – G. Page No.8 Girish was issued by Naib Tahsildar, Dur on 27.12.1990 mentioning that they belonged to “Mahar” community. Their certificate was initially cancelled by Joint Collector, Durg, which was challenged in the W.P. No. 3315 of 1999 and 3401 of 1999. Writ petitions were allowed and liberty was reserved to respondents to refer the matter to the Committee and accordingly respondent No.3 employer referred the matter to the Committee. 9. The Committee obtained details of petitioners in the prescribed format, which was submitted by petitioners on 14.11.2011 and 31.10.2011 wherein they have mentioned the name of their father as Katumpuram Kandan Gangadharan and name of grand father as Katumpuram Kandan and the native place as Ernakulam, Tahsil Kannur, District Ernakulam State of Kerala and place of permanent resident is shown as Kattumpuram House, Kizhappadathu, Nettoor, P.O. via Marodu, Nettoor, Ernakulam. Statements of petitioners were also recorded in which they have stated that their permanent address are Kattumpuram House, Kizhappadathu, Nettoor, P.O. via Marodu, Nettoor, Ernakulam and belonged to Vallan caste which is notified as scheduled caste in Kerala State. His father was working in Bhilai Steel Plant, Chhattisgarh since 08.04.1958 and retired on 07.05.1993 and brothers and sisters of their father are residing at Kerala. Copy of admission register showing admission as 2885 of K.K. Gangadharan (father of petitioners), issued by Headmistress of Shri Rudra Vilasham Up School, Ernakulam is also available. 10. In the aforementioned facts of the case, the question to be Page No.9 considered is whether the caste certificate issued by Naib Tahsildar and Additional Tahsildar, Durg are authority competent to issue caste certificate and whether the caste certificate is proper certificate issued in accordance with law. 11.
10. In the aforementioned facts of the case, the question to be Page No.9 considered is whether the caste certificate issued by Naib Tahsildar and Additional Tahsildar, Durg are authority competent to issue caste certificate and whether the caste certificate is proper certificate issued in accordance with law. 11. Government of India, Ministry of Home Affairs, New Delhi issued circular on 22.03.1977 issuing clarification regarding issue of Scheduled Caste and Scheduled Tribe certificates in which it is mentioned as it is only the Revenue Authorities, who besides having access to the relevant revenue records are in possession to make reliable enquiries. The relevant portion of circular is extracted below for ready reference :- “………….In order to be competent to issue such certificates, therefore, the authority mentioned in the Government (Department of personnel and Administrative Reforms) Letter No. 13/2/74/Est. (SCT), dated the 5th of August 1975 (copy enclosed), should be the one concerned with the locality in which the person applying for the certificate has his place of permanent abode at the time of the notification of the relevant Presidential order. Thus the Revenue Authority of one District would not be competent to issue such a certificate in respect of persons belonging to another district. Nor can such an authority of one State/Union Territory issue such certificates in respect of persons whose place of permanent residence at the time of the notification of a particular Presidential order, has been in a different State/Union Territory. In the case of persons born after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring Scheduled Caste or Scheduled Page No.10 Tribe status, is the place of permanent abode of their parents at the time of the notification of the Presidential Order under which they claim to belong to such a caste/tribe……………….” 12. From perusal of circular issued by the Government of India, it is apparent that the authority competent to issue caste certificate should be the one concerned with the locality in which the person applying for the certificate has his place of permanent abode at the time of notification of relevant presidential order.
From perusal of circular issued by the Government of India, it is apparent that the authority competent to issue caste certificate should be the one concerned with the locality in which the person applying for the certificate has his place of permanent abode at the time of notification of relevant presidential order. It further clarifies that in the case of persons born after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring scheduled caste or scheduled tribe status, is the place of permanent abode of their parents at the time of notification. 13. Undisputedly the permanent resident of father of petitioners is Kattumpuram House, Kizhappadathu, Nettoor, P.O. via Marodu, Nettoor, Ernakulam, State of Kerala on the date of issuance of Presidential Order 1950. Father of petitioners migrated from State of Kerala to Bhilai, earlier State of M.P. now State of C.G. in 1958 and therefore, for the purpose of acquiring the scheduled caste or scheduled tribe status, the permanent abode of petitioners would be the place of residents in State of Kerala. Whereas they obtained caste certificate from the Revenue Officer of Durg, earlier in State of M.P. now State of C.G., hence, the authority who issued certificate was not competent to issue certificate to the petitioners. 14. Another important aspect of the case is that petitioners admitted Page No.11 their caste to be Vallan and it is mentioned at Sr. No.63 in the presidential order of State of Kerala forming part of record showing it to be the scheduled caste. Vallan caste is not notified in presidential order to be scheduled caste for erstwhile State of M.P. (Now C.G.) as scheduled caste. Petitioners suppressing their original caste “Vallan” have submitted applications for issuance of caste certificate that they belonged to Mahar caste. Admittedly they do not belong to Mahar caste and further the authority who issued caste certificate for the petitioners, who are permanent residents of State of Kerala was not competent and therefore, there is no error in the order passed by the Committee canceling the caste certificate issued in their favour of Mahar caste. Perusal of record of the Committee would show that proper opportunity of hearing was afforded to petitioners.
Perusal of record of the Committee would show that proper opportunity of hearing was afforded to petitioners. Show cause notices were issued and they submitted their reply and their statements were also recorded in which they have admitted their permanent place of residence and address as Kattumpuram House, Kizhappadathu, Nettoor, P.O. via Marodu, Nettoor, Ernakulam. In the aforementioned facts of the case, it cannot be said that there was violation of principles of natural justice. 15. For cancelling the caste certificate, if restricts to civil consequences then the dishonest intent is not a requirement to be proved as observed by the Hon’ble Supreme Court in case of FCI vs Jagdish, reported in (2017) 8 SCC 670 . In view of above submissions of counsel for petitioners that no fraud was committed by petitioners has no leg to stand. Page No.12 16. In view of above, the submission of learned counsel for petitioners that proper procedure for verifying the caste is violated and there is violation of principle of natural justice is not acceptable and it is hereby repelled. 17. For the forging discussion made herein-above, I do not find any merit in both the petitions and accordingly they are dismissed.