SRI KARTIK CHANDRA DAS Vs. THE STATE OF TRIPURA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF TRIPURA AND ORS.

JUDGEMENT

(1.) HEARD learned counsel, Mr. B. Banerji for the petitioner and learned counsel, Mr. A. Ghosh for the State respondents. A caste certificate that the petitioner belonged to Scheduled Caste community (Namasudra) was issued by the District Magistrate & Collector, South Tripura on 27.12.1974 (Annexure -1 to the writ petition). On 11.07.1996, respondent No. 2 issued a show cause notice (Annexure -3 to the writ petition) to the petitioner asking him to show cause as to why the said caste certificate dated 27.12.1974 should not be cancelled. In response to the show cause notice, the petitioner submitted his reply in writing (Annexure -4 to the writ petition).

(2.) TAKING into consideration the show cause reply submitted by the petitioner and further taking into consideration a report submitted by the Chairman, Scheduled Caste Sub -Committee of Matabari Block, respondent No. 2, the District Magistrate & Collector by Memo. dated 31.07.1996 (Annexure -6 to the writ petition) cancelled the Scheduled Caste certificate issued in the name of the petitioner. After cancellation of the S.C. certificate of the petitioner, vide Memo. No. F.Con/262/CEE/94/18872 -75, dated 05.11.1996 (Annexure -9 to the writ petition) a disciplinary proceeding was initiated on the sole article of charge that the petitioner fraudulently obtained the caste certificate.

(3.) RESPONDENTS contended that Scheduled Caste Sub -Committee of Matabari Block verified the caste status certificate of the petitioner and found that the petitioner did not belong to Scheduled Caste community (Namasudra) and based on that report a show cause notice was issued to the petitioner by the District Magistrate & Collector, i.e. the issuing authority of the caste certificate and considering the show cause reply submitted by the petitioner and further considering the report submitted by the Scheduled Caste Sub -Committee of Matabari Block, the caste status certificate of the petitioner was cancelled by impugned order dated 31.07.1996 and, consequently a disciplinary proceeding also was drawn up against the petitioner as per the provisions prescribed in the Tripura Scheduled Castes and Scheduled Tribes Reservation Act and Rules framed thereunder.