KIRAN SONUKUSARE Vs. STATE OF C.G.

JUDGEMENT

(1.) THE petitioner claiming to be Halba (tribal community) applied for appointment on the post of Shiksha Karmi Grade-Ill on basis of a caste certificate (Annexure-P/3) dated 18-10-97 issued by the Tehsildar, Gopalpatnam and another caste certificate (Annexure-P/4) issued by the Sub Divisional Office (Revenue), Bhanupratappur. On 13-6-2005, the petitioner on the basis of said caste certificates issued by Tehsildar and Sub Divisional Officer (Revenue) was found selected and was posted at Primary School, Parvi, Tehsil Bhanupratappur, District Ranker vide Annexure-P/2. In the meantime, an anonymous complaint was made to the Collector, Ranker vide Annexure-P/7 stating that caste certificate submitted by the petitioner was forged one. A preliminary enquiry was conducted and Tehsildar, Bhanupratappur by his report dated 7-4-2006 (Annexure-P/9) submitted to the Sub Divisional Officer, came to the conclusion that the petitioner has obtained appointment on the post of Shiksha Karmi on the basis of forged caste certificate. Relying on the said report which was ex-parte and without affording any opportunity of hearing to the petitioner, respondent, No.3 by his order dated 9-5-2006 (Annexure-P/1) cancelled the appointment in terms of condition No.7 of the appointment order dated 6-6-2005 (Annexure P/2).

(2.) SUPREME Court in the matter of Director of Tribunal Welfare, Government of Andhra Pradesh Vs. Laveti Giri and another1 laid down a dictum that dispute with regard to caste has to be decided by the Caste Scrutiny Committee constituted at State Level after affording full opportunity of hearing to the employee/candidate. The impugned order passed is not in accordance with the dictum laid down by the Supreme Court in the case of Director of Tribunal Welfare, Government of Andhra Pradesh1 (Supra). Otherwise also it is a clear case of violation of principle of natural justice and fair play in action, as the impugned order which prejudices the interest of the petitioner and visits with civil consequences, has not been passed after affording sufficient opportunity to the petitioner to put his case.