JAUWAD ALI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Sen, C. J. Heard learned counsel for the parties.

(2.) THE petitioner has challenged the impugned order dated 7th August, 2000, whereby the Caste Certificate granted to the writ petitioner on 21st June, 2000 by the Tehsildar, Tehsil Sahjanwan, District Gorakhpur (respondent No. 2) has been cancelled. By means of the present writ petition the petitioner has challenged the legality and validity of the impugned order dated 7th August, 2000 cancelling the Caste Certificate issued to the petitioner on 21st June, 2000.

(3.) IT is significant, therefore, that when the petitioner was granted Caste Certificate on 21st June, 2000, the amendment had already come into force and the petitioner was granted the Caste Certificate after such amendment. There is no reason for the authorities to take it back now on the basis of the amendment itself without giving opportunity to the petitioner. In any event, even if the Caste Certificate was wrongly issued, it was incumbent duty on the part of the authorities to provide an opportunity of hearing and to issue a show cause notice to the petitioner before cancelling the Caste Certificate issued earlier to him. Before cancelling the Caste Certificate the petitioner has been denied any such opportunity. IT is well settled principle that when an order is passed by any authority bearing penal consequences, it is proper that an opportunity of hearing should be given. In the instant case the same has not been done. Shri S. W. Ali, learned Advocate for the petitioner, has relied upon the judgment and decision rendered by the Hon'ble Supreme Court in the case of Gulzar Singh v. Sub-Divisional Magistrate, reported in AIR 1999 SC 3803. In the aforesaid decision a certificate was issued to the appellant to the effect that the appellant belonged to 'majhbi Sikh' Caste which was recognized as Scheduled Caste. On enquiry conducted it was found that the appellant belonged to Christian community. The Scheduled Caste certificate of the appellant was cancelled without issuing any show cause notice to the appellant. The Hon'ble Supreme Court held that the said order of cancellation violated the principles of natural justice.