GYANMATI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) WE have heard learned counsel for parties and perused the pleadings of writ petition; averments of affidavits and other connected documents.

(2.) THE petitioner has assailed the order dated 17.11.2010, passed by Sub Divisional Magistrate, Dhanghata, district Sant Kabir Nagar, whereby the caste certificate dated 31.05.2000 issued by Tehsildar, Dhanghata, has been cancelled allegedly without giving opportunity to show cause. It is submitted by learned counsel for the petitioner that in terms of Government Order dated 05.01.1996, a caste certificate has to be issued by the competent authority and the power of verification has been given to the Scrutiny Committee. Para -3 of the Government order is reproduced as: <IMG>JUDGEMENT_368_ADJ10_2013.jpg</IMG>

(3.) ON the other hand, learned State Counsel, while referring to averments made in counter affidavit, submitted that since the certificate itself was illegal, for, it is a forged document, it was not felt necessary to await the response of the petitioner. However, a show cause notice was issued, which the petitioner alleged to have not been served. Shri Rakesh Pandey, learned counsel, appearing for the complainant contends that from the format of the certificate it is obvious that the document is a forged one. At the bottom of format there is a reference to website, which was launched only in 2005 and that format was prescribed and applied only thereafter. It is also a submission of Shri Pandey that the petitioner is occupying the statutory post of Chairman, Zila Panchayat on the strength of the forged caste certificate, and thus, the impugned order does not require any interference.