SUDHA BAIRAGI Vs. STATE OF M.P.

JUDGEMENT

(1.) Assailing the order dtd. 19/9/2023 passed by learned Single Judge in dismissing W. P. No.1147 of 2017, the writ petitioner is in appeal.

(2.) Challenge in the writ petition was made to order dtd. 10/1/2017 passed by respondent No.4 and order dtd. 6/12/2016 passed by respondent No.3 whereby the caste certificate of the petitioner was cancelled.

(3.) It is the case of the petitioner that she was born on 15/6/1963 at Mandla. In the year 1978, she was adopted as a daughter by her Uncle who is residing at Rewa. In the year 1995, she was appointed in District Van Upaj Sahkari Union Office, Mandla (West) on the post of Sandesh Vahak under reserved category. A criminal complaint was got registered against her for offences under Ss. 420, 467, 468 and 471 of the IPC on the allegation that she has obtained a forged caste certificate of Scheduled Tribe while she is residing at Mandla wherein 'Panika' community does not come under the category of Scheduled Tribe. The matter was referred to the High Power Scrutiny Committee on 22/12/2012. A show cause notice dtd. 26/3/2013 was issued to the petitioner to which on 11/4/2013 a comprehensive reply was filed by her. The matter was kept pending for a considerable time and on 13/7/2016 her appearance was sought before the Committee. On her request the case was adjourned and the next date was given. After considering the reply filed by the petitioner and after granting the opportunity of hearing to her, the High Power Scrutiny Committee passed a detailed order on 6/12/2016 recording a finding that the petitioner is not a member of Scheduled Tribe Community as 'Panika' community does not fall under the category of Scheduled Tribe. Therefore, the caste certificate issued by the Tahsildar was liable to be cancelled. On the basis of the report of the High Power Scrutiny Committee, the impugned order dtd. 10/1/2017 was passed.