SHARDA NIMJE Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner before this Court, a lady Sub-Inspector serving the Central Industrial Security Force, has filed this present writ petition being aggrieved by the order dated 19.5.2011 passed by the respondent No. 2 by which the respondent No. 2 has refused to verify the caste certificate of the petitioner on the ground that the relevant documents are not available with them. The contention of the petitioner is that based upon the letter dated 19.5.2011 (Annexure P-10) issued by the Director, Schedule Tribe Research and Training Centre, Chhattisgarh, a charge-sheet has been issued on 8.10.2012 and the respondents have instituted a Departmental Enquiry alleging that the noticee has procured a fake caste certificate. The contention of the petitioner is that she was appointed as a Sub-Inspector by order dated 22.10.2004 and she belongs to Scheduled Tribe. In the year 1995 petitioner's father was posted at Raigarh, Chhattisgarh and the petitioner, as she is a member of Scheduled Tribe (Halba), applied for grant of a caste certificate and the same was issued on 12.5.1995. The petitioner thereafter applied for appointment to the post of Sub-Inspector and she was appointed by order dated 20.10.2004. It has been further stated that a charge-sheet was issued on 20.4.2009 and the petitioner preferred a writ petition before the High Court of Chhattisgarh and the same was allowed with liberty to the respondents to verify the matter by placing it before the High Power Committee. The contention of the petitioner is that the High Power Committee has not given any final finding in case of the petitioner and based upon the letter of the Director (Annexure P-10) a fresh charge-sheet has been issued.

(2.) On the other hand, a reply has been filed on behalf of the employer and it has been stated by the employer that a letter has been received from the Member-cum-Joint Director of the High Power Committee expressing his inability to verify the petitioner's certificate in absence of the documents and based upon the letter of the Joint Director dated 19.5.2011 they have initiated action against the petitioner.

(3.) This Court has carefully gone through the documents, on record and it nowhere establishes that the High Power Committee has given any findings in respect of the caste status of the petitioner.