DEBABRATA BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned counsel Mr. D. Chakraborty for the petitioner and learned Sr. counsel Mr. S. Deb assisted by learned G.A. Mr. T. Dutta Majumder for the respondents.

(2.) THE petitioner contended that he belonged to 'Mahishya Das' community which is recognized as a 'Scheduled Caste' Community in the State of Tripura and a certificate was issued in his name after proper inquiry on 17.11.1977. A copy of the said Caste Certificate annexed as Annexure -A to the writ petition. In the year 2002 the District Magistrate and Collector (respondent No. 5) issued a show cause notice to the petitioner asking him to show cause as to why his Scheduled Caste Certificate should not be cancelled and the petitioner submitted his reply to the show cause notice but thereafter by the Memo dated 22.08.2002 his Caste Certificate was cancelled. Aggrieved, the petitioner challenged Memo dated 22.08.2002 by filing WP(C) No. 361 of 2002 in the Agartala Bench of Gauhati High court and by judgment dated 04.01.2006 (common judgment), the High Court quashed the impugned Memo dated 22.08.2002 with the following observation: -

(3.) LEARNED counsel Mr. Chakraborty for the petitioner has submitted that after judgment dated 04.01.2006 passed by the High Court in WP(C) No. 361/2002, the Scrutiny Committee issued a show -cause notice dated 21.02.2007 and did not resort to any inquiry whatsoever to determine the Caste status of the petitioner as to whether the Caste Certificate issued by the competent authority was correct or not. The petitioner submitted his reply. No scope was afforded thereafter to give evidence. No new material was also collected by the Scrutiny Committee. As per the show -cause notice, a vigilance report was available before the Scrutiny Committee that the petitioner belonged to 'Mahishya Das' community, a community recognized as Scheduled Caste but that report has been ignored whereas some report of Sub Divisional Magistrate, Sonamura was taken into consideration which was also considered at the time of cancellation of the Caste Certificate by the earlier cancellation order dated 22.08.2002 which has been quashed by the High Court in the writ case and based on same materials in the same manner, the Caste Certificate of the petitioner has again been cancelled.