MAHI PAL PRASAD BIYAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner by this petition, seeks a writ impugning the notice dated 8/7/2002 (Annexure P-1) order dated 26/6/2002 (Annexure P-2), 7/6/2002 (Annexure P-3) and 30/8/2000 (Annexure P-6).

(2.) The brief facts in nutshell are that, the petitioner claims to be a member of Biyar, schedule tribe community. The petitioner was issued a castes certificate on 9/7/1985 by the Tahsildar Janjgir, District Bilaspur. The said certificate was sent for verification to the Schedule Caste Schedule Tribe High Power Caste Scrutiny Committee (In short "the Committee"). The Committee relying on report dated 30/8/2000 (Annexure P-6) held that the petitioner did not belong to Schedule Tribe.

(3.) The leaned counsel appearing for the petitioner submits that the impugned order dated 7/6/2002 (Annexure P-3) is contrary to the directions made by the Supreme Court in Kumari Madhuri Patil & Another v. Addl. Commissioner/Tribal Development & Others, 1994 6 SCC 241. Smt. Kochar further submits that the Committee was constituted on 14/2/2001, pursuant to the direction made in Kumari Patil . Thus, there was no occasion to have a vigilance cell and get the enquiry done by the vigilance cell as suggested and directed by the Supreme Court. Relying on a report submitted by Sub Divisional Officer (Police), The Committee has proceeded and held that the petitioner did not belong to scheduled tribe community.