SHASHIKANT SONKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioners have filed this writ petition raising grievance that Respondent No. 3 ie., Sub-Divisional Officer (R) has initiated proceedings to cancel the Social Status Certificate issued in favour of petitioners on the ground that Respondent No. 3 is having no jurisdiction in this regard and sought for following reliefs.

(2.) Learned counsel for petitioners would submit that father of petitioner No. 1 while discharging his service was found missing from 2/4/1993. After 7 years, his father was declared dead and petitioners' mother was granted pension from the State of Chhattisgarh and one of the brothers of petitioners was given compassionate appointment on 14/1/2004. Petitioner No. 1 and his brother prosecuted their studies in the State of Chhattigarh. Petitioners belong to Khatik caste which is declared as Scheduled Caste in the State of Chhattisgarh. Initially temporary Social Status Certificate was issued to the petitioners and his family members by the Tahsildar time to time and thereafter the SDO (R) issued permanent Social Status Certificate to petitioners and his family members between the year 2016 to 2022. One Mr. Roshan Singh filed a complaint against issuance of Social Status Certificate in favour of petitioners on the allegations mentioned therein before the office of Collector cum District Magistrate, Katghora, District Korba. The Additional Collector cum District Magistrate wrote a letter to the SDO(R) to investigate the matter, on which the SDO(R)/Respondent No. 3 submitted its report. The enquiry was conducted behind the back of petitioners and therefore it is in violation of principles of natural justice. The Respondents-authorities failed to consider the rules and regulations for considering the caste of petitioners. As per the Circular issued by the State Government when any person does not able to produce documents of prior to year 1950 the declaration made by the Gram Sabha is to be treated as authentic proof of resident of said person in that village or area. Respondent No. 3 failed to consider that the father of petitioners worked as Lab Technician, Government Health Center, Pali District Korba, C.G. and while working on the said post he was found missing from 28/4/1993 and vide order dtd. 18/11/1996 application for grant of leave encashment was allowed. It is her contention that Respondent No. 3 is not the competent authority to initiate the proceedings for cancelling the Social Status Certificate which was issued to petitioners and his family members in accordance with the provision of law. It is only the High Power Certification Scrutiny Committee, can enquire into the Social Status Certificate issued in favour of petitioners. The enquiry conducted by Respondent No. 3 is without jurisdiction and therefore the enquiry report dtd. 12/6/2023 be quashed.

(3.) Learned State counsel would opposed the submission of learned counsel for petitioners and would submit that from perusal of Annexure P-1 dtd. 12/6/2023 would show that Respondent No. 3 based on the letter written by the Additional District Magistrate, Katghora, District Korba has submitted its report. She would submit that the letter dtd. 13/3/2023 is not filed by the petitioners along with writ petition. According to the letter dtd. 13/3/2023 of the Additional District Magistrate, Katghora, it is appearing that the Additional District Magistrate upon receiving the complaint from Roshan Singh, called for the factual report from Respondent No. 3/ SDO(R). The report submitted by Respondent No. 3 cannot be said to be the enquiry on the Social Status Certificate. Based on the factual report submitted by Respondent No. 3, it is the District Level Certificates Verification Committee issued the letter to the petitioners on 25/9/2023, however, the petitioners for the reasons best known to them have not enclosed the copy of the said letter issued to petitioners by the District Level Certificates Verification Committee constituted under the Chhattisgarh Scheduled Caste, Scheduled Tribe and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short 'Act of 2013'). It is the District Level Certificates Verification Committee issued the letter for verification of certificates issued in favour of petitioners and the said Committee is having jurisdiction to verify the Social Status Certificates already issued by the authority. She would further submit that under Sec. 6 of the Act of 2013 when after verification the District Level Committee comes to the conclusion that the certificates have wrongly been issued or obtained fraudulently then the District Level Committee shall refer all the information and documents along with record of its findings to the High Power Certification Scrutiny Committee. Therefore, at this stage, this writ petition is pre-mature. She placed copy of letter dtd. 13/3/2023 issued by the Additional District Magistrate, Katghora, District Korba as also the letter dtd. 25/9/2023 issued by the Member Secretary of the District Level Certificates Verification Committee, Korba, District Korba for perusal of this Court.