LAWS(TRIP)-2021-8-12

SABITA DEBBARMA Vs. STATE OF TRIPURA

Decided On August 12, 2021
Sabita Debbarma Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Petitioner has challenged a memorandum dated 12.06.2020 issued by the Secretary, Government of Tripura by which a departmental inquiry has been instituted against her. The charge leveled in the said memorandum is that the petitioner while serving as Upper Division Clerk in the Education department got the benefit of promotion to the post of Head Clerk as a Scheduled Tribe candidate being a member of Laskar community illegally by way of concealment of her actual caste status. It was alleged that the caste certificate dated 29.03.1976 issued in her favour was subsequently cancelled by the State Level Scrutiny Committee (SLSC, for short) by an order dated 07.11.2005 on the ground that she belongs to Laskar community.

(2.) Brief facts are as under:

(3.) SLSC thereupon passed fresh order in case of the petitioner on 31.05.2016 again cancelling the ST certificate of the petitioner. Petitioner filed a fresh petition being WP(C) No.1070 of 2016 challenging the said order of the SLSC and prayed for the stay of the implementation of the order. The Single Judge dismissed the petition on 31.10.2017 along with other similar petitions. Though many other petitioners filed writ appeals against the said judgment of the Single Judge, the petitioner did not. The judgment of the Single Judge thus achieved finality. In the meantime, the petitioner retired on superannuation w.e.f. 30.09.2016.