RAJESH LIVINGSTONE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 16.11.2009 (Annexure P/ 1) issued by the respondent No.3 whereby the caste certificate issued to the petitioner was cancelled and it has further been directed to register and offence against the petitioner. The petitioner further assails the order dated 11.12.2009 (Annexure P/11) passed by the respondent No.1 whereby the petitioner has been removed from service with immediate effect, and the order dated 08.03.2010 (Annexure P/12) passed by the Director, Estate & Prescribed. Authority under the provisions of Public Premises Eviction Act, whereby the petitioner has been ordered to vacate the official accommodation allotted to him.

(2.) SHRI Sharma, learned counsel appearing for the petitioner submits that the petitioner belongs to Gond community, a scheduled Tribe. A show cause notice was issued to the petitioner on 29.04.2009 by the respondent No. 3/High Power Caste Scrutiny Committee on the basis of a compliant wherein it was alleged that he does not belong to scheduled tribe category. The petitioner filed his reply alongwith all the documents in support of his contention. Thereafter, according to learned counsel appearing for the petitioner, enquiry was done at the back of the petitioner and no vigilance report was supplied to the petitioner and the impugned order dated 16.11.2009 (Annexure P/1) was passed. Being aggrieved, the petitioner has preferred this petition. This Court, vide order dated 14.12.2009, stayed the effect and operation of the order dated 16.11.2009, on 14.12.2009. Subsequently, services of the petitioner was terminated on 11.12.2009 (Annexure P/11) The Director, Estate & Prescribed Authority under the provisions of Public Premises Eviction Act, directed the petitioner to vacate the official accommodation allotted to him, on 08.03 .2010 (Annexure P/12).

(3.) ON the other hand, Shri Bhaduri, learned Panel Lawyer appearing for the State/respondents submits cancellation of the caste certificate of the petitioner by the High Power Caste Scrutiny Committee, and as a sequel, termination of the petitioner from service and the order of eviction from the official accommodation, is strictly in accordance with law, as the petition-could not prove himself to be a member of the scheduled tribe category