BASANA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BRIEFLY stated, the undisputed fact unfolded in the writ petition is that the petitioner was appointed as the Lower Division Clerk (the 'LDC' in short) on 07.03.1981 against a vacancy reserved for the Scheduled Tribe (ST) candidates and her service was confirmed as the LDC on 21.07.1983. She was promoted to the post of UDC on 08.05.1987 against a vacancy reserved for the ST category candidates.

(2.) ON the basis of a complaint, the State Level Scrutiny Committee had issued a show cause notice on the petitioner on 17.03.2005, Annexure -2 to the writ petition, alongwith a report of the Vigilance Officer, calling her response thereto. In the report of the Vigilance Officer, it has been observed that the petitioner does belong to the 'Laskar' Community and, as such, the status certificate issued by the District Magistrate and Collector, West Tripura recognising her as a member of the Scheduled Tribe Community vide No. 285/DM/GL/W/77, dated 28.04.1977 be cancelled, as the said certificate had been issued on misrepresentation of the fact. The petitioner did not contest that report as well as did not participate in the proceeding, launched by the State Level Scrutiny Committee. Based on the said report of the Vigilance Officer, the status certificate of the petitioner, issued on 28.04.1977 was cancelled by the order dated 21.07.2007, Annexure -3 to the writ petition, with the following observation:

(3.) MR . P.K. Biswas, learned senior counsel appearing for the petitioner has submitted that when the petitioner was appointed on promotion to the post of Head Clerk by the Office Order dated 23.02.2007, Annexure -5 to the writ petition, the petitioner came forward of her own and communicated that since she does belong to the 'Laskar' Community after 31.03.1990, she can no longer be treated as the Scheduled Tribe candidate. She urged for cancellation of the said order of promotion to the post of the Head Clerk. On receipt of the order dated 20.09.2007 from the State Level Scrutiny Committee, the Chief Engineer, PWD(R & B), the appointing authority of the petitioner, by issuing the Memorandum dated 01.12.2008, Annexure -7 to the writ petition, held that the competent authority had provisionally decided to dismiss the petitioner from service for obtaining and holding false ST Certificate. However, the petitioner had been given opportunity to make her representation.