SHIRIN KAWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner Mulchand Kawar challenging the order dtd. 31/5/2016 passed by respondent No.3 terminating his services on the ground of submission of forged caste certificate; the enquiry report dtd. 17/11/2015 and the order dtd. 22/12/2015 of CG State Scheduled Tribe Commission recommending termination of petitioner's services (Annexure P/1).

(2.) Brief facts of the case, as mentioned in the writ petition, are that the petitioner Mulchand Kawar was appointed on 12/11/1987 on the post of UDT and at the time of termination, he was holding the post of Principal, Govt. School, Khediago, Block Division Pithora, Distt. Mahasamund. Upon a complaint made by one Lav Kumar on 19/8/2015 against the petitioner that he has obtained government job on the basis of fake caste certificate, an enquiry was conducted into the matter by Sub Divisional Officer, Renenue, Pithoura. In his enquiry report, the SDO held that the petitioner has forged his caste certificate as in the Missal record of his ancestors, his caste is shown as Christianity. Based on the said enquiry report, CG Scheduled Tribe Commission vide impugned order dtd. 22/12/2015 directed respondent No.1 to take action against the petitioner and consequently, vide impugned order dtd. 31/5/2016 respondent No.3/DEO, Mahasamund terminated the services of the petitioner under Clause 10(9) of CG Civil Services (Classification, Control and Appeal) Rules, 1966 with immediate effect. This petition was filed by the original petitioner Mulchand Kawar for the following relief:

(3.) Learned counsel for the petitioner submits that CG State Tribe Commission was enacted under the provisions of MP Rajya Anusuchit Janjati Ayog Adhiniyam, 1995 and as per Sec. 9 of the said Act, no such power or authority has been vested upon the said Commission to look into validity and legality of the caste certificates. In fact, as per CG Scheduled Caste, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 it is only High Power Certificate Scrutiny Committee which is empowered to conduct an enquiry into the verification of caste certificate and pass orders on the validity of the caste certificate. It is a settled law that there is a presumption of validity of caste certificate unless and until such caste certificate is cancelled by the competent authority. It is contended that the impugned termination order dtd. 31/5/2016 has been passed on the basis of order dtd. 22/12/2015 passed by CG Scheduled Tribe Commission which has no jurisdiction or authority to enquire into the validity of the caste certificate and as such, the very foundation of passing the impugned order itself is illegal and therefore, the impugned order is not sustainable in law and it's a nullity itself. When termination is found to be bad in law, back-wages and other pecuniary benefits and consequential benefits have to be granted. Since original petitioner Mulchand Kawar has died during pendency of this petition & it is being prosecuted on behalf of his legal heirs-petitioners herein, they are entitled for such momentary benefits. Reliance has been placed on the decisions in the matters of Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others, Docid # IndLawLib/282290; Collector, Bilaspur Vs. Ajit P.K. Jogi and others, Docid # IndLawLib/299331; Sanjay Kumar Vs. State of CG, 2021 SCC OnLine Chh 3412; Bharati Reddy Vs. State of Karnataka, (2018) 6 SCC 162; I. Lakra Vs. State of CG and others, 2022 SCC OnLine Chh 121; Chairman-cum-Managing Director, Coal India Ltd. Vs. Ananta Saha, (2011) 5 SCC 142; Chief Engineer, Hydel Project and others Vs. Ravinder Nath and others, Docid # IndLawLib/293892; and VLS Finance Ltd. Vs. UOI, Docid # IndLawLib/270227.