SATYA NARAYAN KAUSHAL Vs. STATE LEVEL COMMITTEE

JUDGEMENT

(1.) This petition has been filed challenging the order dated 01.06.2002 passed by respondent No.1 the State Level Committee for Scheduled Caste and Scheduled Tribes and the order dated 09.08.2002 issued by respondent No.4 Sub Divisional Officer of Revenue.

(2.) Counsel for the petitioner has vehemently urged that the petitioner belongs to Scheduled Tribe as per Certificate Annexure P/1. However by order Annexure P/13 passed by the State Level Committee the respondent No.1 for SC/ST cancelled the Caste Certificate of the petitioner and further terminated him from the service. This Court had initially decided the matter on 03.12.2002 however the petitioner filed the Civil Appeal No.2251/06, whereby the Apex Court has remanded the matter by setting aside the order dated 03.12.2002 and directing that a fresh decision be taken by consideration of ratio laid down in the matter of Kumari Madhuri Patil And another vs. Addl. Commissioner, Tribal Development And Others, 1994 6 SCC 241 and it is in this background that the case has come for hearing before this Court today.

(3.) Counsel for the petitioner has vehemently urged the fact that the petitioner attended the hearing on 14.02.2002 before the respondent No.1/Committee and had also taken with him several witnesses but their evidence was not recorded by the respondent No.1 nor were the documents properly scrutinized. Counsel submitted that the hearing was done in a casual manner and in gross violation of the principles of natural justice.