CHANDRA SHEKHAR KOTRIWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE appeals are directed against a common order dated 8 th of April, 2013 passed in two writ petitions namely - W.P. (S) Nos. 1195/2012 and 1533/2012 by the learned single Judge of this Court.

(2.) THE facts: The facts, briefly stated, are as under: - 2.1 Writ Appeals No. 388 and 361 of 2013: 2.1 -a These appeals relate to W.P.(S) No. 1195 of 2012. Appellant - Chandra Shekhar Kotriwar, petitioner in the writ petition, claimed himself belonging to 'Chattri' Tribe and got a caste certificate from Sub -Divisional Officer, Balod, District Durg on 14.6.1978. He was appointed as District Organizer, Tribal Development, in the year 1983 against a post reserved for Scheduled Tribe candidate. He was promoted to the post of Assistant Commissioner and Deputy Commissioner. A complaint was made against his social status and an enquiry was conducted by the High Power Caste Scrutiny Committee (the Committee). The Committee, by its order dated 29.8.2005 found that the caste certificate issued by Sub - Divisional Officer was wrong and the same was cancelled. It was also directed that his appointment against the reserved post of Scheduled Tribe be cancelled. He preferred W.P.(S) No. 4951 of 2005. The said writ petition was allowed on 19.8.2010 and the matter was remitted back to the Committee to consider his case afresh after following the guidelines/directions of the Supreme Court as also various circulars issued in this regard. The Committee applied affinity test and recorded a finding that there was no affiliation of the members of the caste of the appellant with the members of other castes mentioned at serial no. 20 of the Order, therefore, a wrong caste certificate was issued to the appellant by the Sub -Divisional Officer. His caste certificate thus was cancelled by the Committee vide order dated 29.2.2012 and the Committee directed the concerned Government to take action against him as per the guidelines issued in Kumari Madhuri Patil and another ­Vs - Addl. Commissioner, Tribal Development and others, AIR 1995 SC 94.

(3.) IN Madhuri Patil (supra), while laying down the general procedure for issuance of status certificates and their scrutiny and approval, it was directed that the order passed by the Committee shall be final and conclusive only subject to the proceedings under Article 226 of the Constitution. It was further directed that and in case, as per the procedure of the High Court, the writ petition/misc. petition/matter is disposed of by a single Judge, then no further appeal would lie against that order to the Division Bench, but subject to special leave under Article 136.