Shashikant Sonkar S/o Kallu Ram Sonkar v. State of Chhattisgarh through Secretary, Department of General Administration Development
2024-01-09
PARTH PRATEEM SAHU
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DigiLaw.ai
ORDER : 1. Petitioners have filed this writ petition raising grievance that Respondent No. 3 ie., Sub-Divisional Officer (R) has initiated proceedings to cancel the Social Status Certificate issued in favour of petitioners on the ground that Respondent No. 3 is having no jurisdiction in this regard and sought for following reliefs. “10.1 That the Hon’ble Court may kindly be pleased to issue a writ in the nature of certiorari and quash enquiry report dated 12.06.2023 (Annexure P-1). 10.2 That this Hon’ble Court may be further pleased to pass any other consequential and other orders/writs which this Hon’ble Court deems just and proper in the facts and circumstances of the case.” 2. Learned counsel for petitioners would submit that father of petitioner No. 1 while discharging his service was found missing from 02.04.1993. After 7 years, his father was declared dead and petitioners’ mother was granted pension from the State of Chhattisgarh and one of the brothers of petitioners was given compassionate appointment on 14.01.2004. Petitioner No. 1 and his brother prosecuted their studies in the State of Chhattigarh. Petitioners belong to Khatik caste which is declared as Scheduled Caste in the State of Chhattisgarh. Initially temporary Social Status Certificate was issued to the petitioners and his family members by the Tahsildar time to time and thereafter the SDO (R) issued permanent Social Status Certificate to petitioners and his family members between the year 2016 to 2022. One Mr. Roshan Singh filed a complaint against issuance of Social Status Certificate in favour of petitioners on the allegations mentioned therein before the office of Collector cum District Magistrate, Katghora, District Korba. The Additional Collector cum District Magistrate wrote a letter to the SDO(R) to investigate the matter, on which the SDO(R)/Respondent No. 3 submitted its report. The enquiry was conducted behind the back of petitioners and therefore it is in violation of principles of natural justice. The Respondents-authorities failed to consider the rules and regulations for considering the caste of petitioners. As per the Circular issued by the State Government when any person does not able to produce documents of prior to year 1950 the declaration made by the Gram Sabha is to be treated as authentic proof of resident of said person in that village or area.
As per the Circular issued by the State Government when any person does not able to produce documents of prior to year 1950 the declaration made by the Gram Sabha is to be treated as authentic proof of resident of said person in that village or area. Respondent No. 3 failed to consider that the father of petitioners worked as Lab Technician, Government Health Center, Pali District Korba, C.G. and while working on the said post he was found missing from 28.04.1993 and vide order dated 18.11.1996 application for grant of leave encashment was allowed. It is her contention that Respondent No. 3 is not the competent authority to initiate the proceedings for cancelling the Social Status Certificate which was issued to petitioners and his family members in accordance with the provision of law. It is only the High Power Certification Scrutiny Committee, can enquire into the Social Status Certificate issued in favour of petitioners. The enquiry conducted by Respondent No. 3 is without jurisdiction and therefore the enquiry report dated 12.06.2023 be quashed. 3. Learned State counsel would opposed the submission of learned counsel for petitioners and would submit that from perusal of Annexure P-1 dated 12.06.2023 would show that Respondent No. 3 based on the letter written by the Additional District Magistrate, Katghora, District Korba has submitted its report. She would submit that the letter dated 13.03.2023 is not filed by the petitioners along with writ petition. According to the letter dated 13.03.2023 of the Additional District Magistrate, Katghora, it is appearing that the Additional District Magistrate upon receiving the complaint from Roshan Singh, called for the factual report from Respondent No. 3/ SDO(R). The report submitted by Respondent No. 3 cannot be said to be the enquiry on the Social Status Certificate. Based on the factual report submitted by Respondent No. 3, it is the District Level Certificates Verification Committee issued the letter to the petitioners on 25.09.2023, however, the petitioners for the reasons best known to them have not enclosed the copy of the said letter issued to petitioners by the District Level Certificates Verification Committee constituted under the Chhattisgarh Scheduled Caste, Scheduled Tribe and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short “Act of 2013”).
It is the District Level Certificates Verification Committee issued the letter for verification of certificates issued in favour of petitioners and the said Committee is having jurisdiction to verify the Social Status Certificates already issued by the authority. She would further submit that under Section 6 of the Act of 2013 when after verification the District Level Committee comes to the conclusion that the certificates have wrongly been issued or obtained fraudulently then the District Level Committee shall refer all the information and documents along with record of its findings to the High Power Certification Scrutiny Committee. Therefore, at this stage, this writ petition is pre-mature. She placed copy of letter dated 13.03.2023 issued by the Additional District Magistrate, Katghora, District Korba as also the letter dated 25.09.2023 issued by the Member Secretary of the District Level Certificates Verification Committee, Korba, District Korba for perusal of this Court. 4. I have heard learned counsel for the parties and also perused the documents. 5. From perusal of the documents enclosed along with writ petition as also the documents placed before this Court by the learned State counsel for perusal it appears that the petitioners though have filed this writ petition after issuance of the letter dated 25.09.2023 by the District Level Certificates Verification Committee, but for the reasons best known to them the said letter is not enclosed along with writ petition. Perusal of the letter dated 13.03.2023 would show that in the letter the subject of the complaint is mentioned in the Subject, however, the Additional District Magistrate considering the grounds/ allegations in the complaint had forwarded the complaint to Respondent No. 3 and has called for its opinion and the factual report. 6. The Social Status Certificates filed by the petitioners stating to be issued in their favour, would show that they have been issued by the office of SDO(R), Sub Division, Pali, Chhattisgarh and therefore it appears that upon receiving the complaint the Additional District Magistrate had called for the factual report from the authority who issued the certificates. The report submitted by Respondent No. 3 is not an enquiry/ verification report but it is the factual report. Therefore, the submission made by learned counsel for the petitioners that the enquiry report submitted by Respondent No. 3 behind the back of petitioners is in violation of principles of natural justice is not sustainable.
The report submitted by Respondent No. 3 is not an enquiry/ verification report but it is the factual report. Therefore, the submission made by learned counsel for the petitioners that the enquiry report submitted by Respondent No. 3 behind the back of petitioners is in violation of principles of natural justice is not sustainable. The report by which the petitioners are said to be aggrieved is the facts collected before starting of enquiry. 7. Perusal of letter dated 25.09.2023 which is placed before this Court by learned State counsel would show that based on the complaint and the factual report received the entire matter was sent to the District Level Certificates Verification Committee and it is the District Level Certificates Verification Committee which issued the letter to petitioners on 25.09.2023 calling for the relevant documents from them. The District Level Certificates Verification Committee is constituted under Section 6 of the Act of 2013 and it also specifies its powers. Under sub-section 2 of Section 6 of the Act of 2013 the District Level Certificates Verification Committee on its own motion or on receipt of any information or reference made to it can verify such certificates in the manner as may be prescribed and further under sub-section 3 of Section 6 of the said Act it provides that “where there is prima facie reason to believe that the Social Status Certificates have wrongly been issued or fraudulently obtained, the District Level Committee shall refer all information and relevant documents along with record of its findings to the High Power Certification Scrutiny Committee. The constitution of District Level Certificate Verification Committee is provided under Rule 14 of Chapter III of the Rules of 2013, it consists of Chairman and five members including one member to be the Secretary of the Committee. The letter issued to petitioners on 25.09.2023 is by Member Secretary of the District Level Certificates Verification Committee. 8. In view of the aforementioned facts of the case which is apparent from the documents placed before this Court by the learned State counsel in particular letter dated 25.09.2023, it prima facie appears that the Certificate verification proceedings is initiated not by Respondent No. 3 but by the District Level Certificates Verification Committee under Section 6 of the Act of 2013 and the rules framed thereunder.
According to Section 6, it is the District Level Certificates Verification Committee is to initiate verification of the Social Status Certificates already issued and if the Committee is having prima facie reasons to believe that the Caste certificates have wrongly or fraudulently obtained then only the District Level Committee will forward its report along with entire records to the High Power Certification Scrutiny Committee. The stage of considering the issue by the High Power Certification Scrutiny Committee is yet to come. From the scheme of Act of 2013 it is apparent that it is the District Level Certificates Verification Committee who has to verify the Certificates issued by the competent authority suo motu or on the reference being made and only after having the prima facie reasons to believe that the Certificate is obtained wrongly or fraudulently the District Level Committee has to forward the entire record along with report to the High Power Certification Scrutiny Committee. In view of the letter dated 25.09.2023 it is prima facie apparent to this Court that the verification on the Social Status Certificates issued in favour of petitioners is being proceeded in accordance with the provisions of Act of 2013 and rules framed thereunder. Petitioners can very well satisfy the District Level Certificates Verification Committee that social status certificate is validly issued. 9. For the foregoing discussion, in the opinion of this Court the writ petition at this stage is pre-mature. Petitioners have only raised ground with regard to jurisdiction of the Respondent No. 3 to conduct an enquiry and no other grounds have been raised which in view of letter dated 25.09.2023 is not sustainable. 10. This writ petition being devoid of any substance is liable to be and is hereby dismissed accordingly. 11. The office is directed to make the letter dated 13.03.2023 as also letter dated 25.09.2023 as part of the records of writ petition.