SANJAY SOMAWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 22.01.2016 (Annexure P/1) passed by the respondent No.2 whereby the petitioner has been removed from service.

(2.) The petitioner at the time of passing of impugned order was working as Tehsildar with the respondents. He got employment in the year 1979 against the sanctioned vacant post in the category of Scheduled Tribe (in short, ST). The claim of the petitioner was that he belonged to a member of "Chhatri" which is a notified Scheduled Tribe under the Constitution (Scheduled Tribe) order 1950 for the State of Chhattisgarh and the entry is found at serial number 20. However, in the caste certificate of the petitioner which he had in his favour issued by the SDM, Saja, dated 05.09.1998, bore the name of his caste to which he belonged to as "Chatr"i (ST) as is evident from Annexure P/2.

(3.) This certificate issued by the SDM, Saja was subjected to scrutiny by the High Powered Caste Scrutiny Committee (in short, the Committee) constituted by the State of Chhattisgarh and which has given a report on 04.06.2015 (Annexure P/9). In the report it has been categorically found by the Committee that the petitioner belongs to ST category and that the caste to which he belongs is that of Chhatri (N=h), but the caste mentioned in the certificate Annexure P/2 issued by the SDM, Saja as "Chatri" was not correct and the same was said to be invalid and ordered to be cancelled.