ANJAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant Shri Anjan Kumar is the offshoot of the wedlock between Shri Lakshmi Kant Sahay, District Gaya in the State of Bihar and Smt. Angela Tigga who belongs to Scheduled Tribe community of Oraon Tribe, village Pondi Potkona, Distt./Division Raigarh, State of Madhya Pradesh. By an order dated 7th August, 1992 Scheduled Tribe certificate was issued to the appellant by S.D.M., Gaya on the ground that the mother of the appellant Smt. Angela Tigga belongs to Oraon Tribe which is recognised as a Scheduled Tribe in the State of Madhya Pradesh. The appellant appeared before the Civil Service Examination in 1991 conducted by the Union Public Service Commission claiming himself to be the Scheduled Tribe candidate. In the said examination he had passed the written test but could not qualify in the interview. He again appeared in the Civil Service Examination conducted by the Union Public Service Commission in the year 1992 and passed the written examination. In 1993 he was called for interview. The result of the successful candidates was published and he stood at 759th rank in order of merit. He was also allotted Indian Information Service Grade A. However, the appellant did not receive any final posting order, which had resulted in filing many representations to the Union of India. In one of representations dated 14th September, 1994 the appellant also stated that he belongs to Scheduled Tribe category and his sub-caste is Oraon.

(2.) Having failed to receive any positive response from the respondents, he filed an Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi being O.A. No. 2291 of 1994, inter alia, seeking direction to the Union of India to allow the appellant to join training. In response to the notice issued by the Tribunal, the Union of India, by its letter dated 9th November, 1994, conveyed to the Tribunal that the appellant has not been brought up in tribal environment and that his father is a non-tribal and, therefore, he cannot be treated as a Scheduled Tribe. Further, the Union of India, as directed by the Tribunal, conducted the enquiry into the question whether the appellant belongs to Scheduled Tribe community and the enquiry was conducted by the Additional District Collector, Jaispurnagar, District Raigarh, Madhya Pradesh and the report was submitted on 26th June, 1995. The enquiry report obviously was against the appellant. After examining the enquiry report submitted as aforestated, the Tribunal ultimately dismissed the Original Application No. 2291 of 1994 by order dated 12th December, 1995. Aggrieved thereby the appellant filed a Writ Petition being C.W.P No. 647 of 1997 before the High Court of Madhya Pradesh at Jabalpur, inter alia, challenging the enquiry report submitted by the enquiry officer on the allegation of violation of the principles of natural justice inasmuch as no opportunity of hearing had been accorded to the appellant. The learned single Judge of the High Court after perusing the records and the enquiry report, submitted by the enquiry officer, dismissed the Writ Petition by order dated 22nd January, 1999. The appellant thereafter carried an unsuccessful appeal before the Division Bench in L.P.A. No. 138 of 1999, which was dismissed by the L.P.A. Bench on 3rd December, 1999. Hence, the present appeal by special leave.

(3.) We have heard the parties at length.