VANDANA KHAIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by the show cause notice issued to him on 16.3.2003 seeking a reply from the petitioner in respect of complaint received by the authorities regarding issuance of a false caste certificate to the petitioner.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner infact belongs to the Khairwar, Scheduled Caste community, but is being unnecessarily harassed on account of false complaint. It is further submitted that in view of the decision of the Supreme Court rendered in the case of Kumari Madhuri Patil and Another vs. Addl. Commissioner, Tribal Development and Others, 1995 AIR(SC) 94, the State Government, pursuant to the notification, constituted a State Level High Power Committee for making an enquiry into the allegations of issuance of false caste certificate and in such circumstances the Collector or the Sub Divisional Officer, as the case may be, has no power or authority to make enquiry into the matter as the only competent authority to enquire into the same is the State Level High Power Committee.

(3.) The learned Panel Lawyer appearing for the respondent/State submits that in view of the interim order passed by this Court on 21.7.2003, the authorities have not taken any further proceedings and the matter is pending as it is.