RAJENDRA KUMAR SONKUSALE Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this petition is to the order dated 27.09.2007 (Annexure P/1). Vide the said order, the respondent No.4 has issued a direction to the respondent No.3 to take appropriate decision against the petitioner in the light of the order passed by the respondent No.4-committee on 27.09.2007 holding that the respondent No.4 have ordered treating the caste certificate that is in his possession as cancelled and it was also ordered for taking steps for cancellation of his appointment that was granted against the post of A.G. III reserved for Scheduled Caste candidate.

(2.) Challenge primarily is on the ground that the respondents have not properly conducted the enquiry as is envisaged by the Supreme Court in the case of Kumari Madhuri Patil & Another Vs. Addl. Commissioner, Tribal Development and Others, 1994 6 SCC 241. The challenge also is on the ground that the petitioner has not been taken into confidence while the respondents had got the vigilance enquiry conducted. It was also the contention that the findings and the action of the respondents are bad for the purpose of Article 366(25) of the Constitution of India, the word "State" referred to in the Presidential order dated 06.09.1950 would mean the state as it existed on the date of the said order. According to the petitioner, the area to which the petitioner belongs originally fell within the same state in the year, 1950. Therefore, the respondents should have properly appreciated this aspect before passing the order firstly on 27.08.2007 by the respondent No.4 and then as a consequence issuing Annexure P/1 to the State Govt. for taking appropriate steps.

(3.) Perusal of record would show that the petitioner has an interim protection in his favour so far as the effect and operation of the impugned order is concerned vide order dated 10.10.2007. By virtue of the interim protection dated 10.10.2007, the respondents have till date not taken any steps pursuant to Annexure P/1, dated 27.09.2007.