RAJESH BHANGRE Vs. STATE OF MP

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, petitioner, an Assistant Commandant posted at Special Arms Forces, Guna has called in question the legality, validity and proprietary of the order dated 4.7.2011 passed by the High Level Committee constituted by the State Government for the purposes of verification of caste certificates as well as the order -dated 22.9.2011 passed by the Commissioner, Tribal Development addressed to the District Collector, Guna and Superintendent of Police, Guna for initiation of action against the petitioner based upon the order Annexure P -1A dated 4.7.2011. By the order Annexrue P -1 A, the petitioner has not been found to belonging to caste Halwa, a Scheduled Tribe caste in District Jhabua and therefore, he is held not entitled for seeking employment on the strength of aforesaid caste certificate and case certificate issued in his favour was not found to be legal and proper and such appointment on the basis of aforesaid caste certificate sought to be cancelled on the strength of Annexures P -1A and P -1.

(2.) LEARNED counsel for the petitioner has raised an issue related to non -observance of principle of natural justice in the matter of verification of caste certificate by the High Level Committee. Admittedly, notice for appearance before the High Level Committee was issued to the petitioner for his appearance on 22.6.2011. However, the petitioner though vide Annexure P -12 dated 20.6.2012 applied for leave to attend the hearing before the High Level Committee, but the same was denied by Commandant, 26 Bn. Guna, superior authority to the petitioner. Resultantly, the petitioner could not appear before the Committee. Thereafter, the proceedings were scheduled for 4.7.2011. On the said date, due to indisposition, the petitioner could not reach Bhopal and attend the hearing. However, he had forwarded the copy of medical certificate as regards inability to attend the hearing. It appears that the High Level Committee has proceeded to decide the matter as regards verification of caste certificate issued to the petitioner and on the basis of material collected by the Committee, it decided against the petitioner holding that petitioner does not belong to Halwa caste. Hence, certificate issued to him by competent authority was not legal and proper.

(3.) LEARNED counsel for the petitioner further submits that the High Level Committee was not justified having not further extended opportunity to the petitioner to present his case and file documents in support of the caste certificate issued to him, as he belong to Halwa Caste. The High Level Committee has relied upon certain documents obtained by it from different quarters and used the said against the petitioner without confronting the petitioner with the said documents and without affording an opportunity to rebut the same. As a result, petitioner has been condemned unheard as highly prejudicial report has been prepared by the High Level Committee detrimental to his rights and interest. The course of action adopted by the High Level Committee cannot be sustained in the eyes of law for the reason that in all fairness petitioner ought to have been heard before any prejudicial action against him. With aforesaid submissions, it is prayed that the impugned order of the Committee dated 4.7.2011 cannot be sustained.