SURAJNATH NAG Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) The Petitioner through the instant writ petition has challenged the order dated 29.1.2003 passed by Superintendent of Police, Dantewada, whereby the services of the Petitioner was dismissed on account of his not possessing proper caste certificate in respect of the caste to which he claims to be of.

(2.) The facts relevant for the disposal of the petition are that the Petitioner is a tribal and claims to be from "Halba" community. That on 12.4.1986, the Petitioner was appointed as a Constable in the erstwhile State of Madhya Pradesh, wherefor order of appointment was issued by the then Superintendent of Police, Bastar. The Petitioner since then had been continuously working with the Respondents and in due course of time he was also promoted to the post of Head Constable. Subsequently, an anonymous complaint in respect of the Petitioner obtaining employment on false caste certificate was received at the office of the Commissioner, Bastar. The Commissioner in turn had forwarded the same to the office of the concerned Superintendent of Police. Accordingly, the Superintendent of Police ordered for an enquiry in respect of the caste of the Petitioner, vide Annexure P-8, dated 12.5.2000. After the preliminary enquiry, the Superintendent of Police issued a charge-sheet to the Petitioner on 6.4.2002 and subsequently a departmental enquiry was also ordered to be conducted and a report by the enquiry officer was also submitted on 23.9.2002 on the basis of which the punishment of removal from service was imposed vide order dated 29.1.2003.

(3.) Learned Counsel for the Petitioner submits that the dispute in the instant petition is no longer res Integra as it has been decided by a catena of decisions of the Supreme Court as well as by almost all the High Courts that so far as the issue of caste certificate of an employee is concerned, the same can only be verified by a High Power Caste Scrutiny Committee constituted by the respective State Government. That any doubt in respect of the veracity of the caste certificate or the genuineness of the caste of an employee or the social status of the employee can only be looked into by the said Committee constituted for this purpose by the State Government. According to the Petitioner, in the instant case instead of getting the matter inquired by the Caste Scrutiny Committee constituted by the State of Chhattisgarh, the Respondent - Superintendent of Police had himself initiated an enquiry which is otherwise impressible under the law. Counsel for the Petitioner relies on Madhuri Patil and another v. Addl. Commissioner, Tribal Development and other, 1995 AIR(SC) 94 and other subsequent decisions and prays for setting aside the impugned order.