KAMAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioner while working as the Extension Officer (Engineering), received a notice dated 26.06.2002, Annexure -'B' to the writ petition, whereby he was asked to show cause as to why the Scheduled Caste Certificate under No. 1413/F.XII -2/SDO/SDR/TW/82, dated 29.07.1982, issued by the Sub -Divisional Officer, Sadar, West Tripura in his favour should not be cancelled. The petitioner had obtained the said status certificate on claiming that he belongs to the 'Jaliakaibarta' community, which is recognised as the Scheduled Caste, in terms of the Constitution (Scheduled Caste) Order, 1950 for the State of Tripura. On receipt of the said show cause notice dated 26.06.2002, the petitioner filed his reply on 05.07.2002, contending that on proper enquiry in respect of his status, the said status certificate was issued by the Sub -Divisional Officer. The petitioner has denied to have obtained the status certificate by misrepresentation of fact as alleged in the show cause notice dated 26.06.2002. By the Memorandum dated 13.05.2003, Annexure -'D' to the writ petition, the Scheduled Caste Certificate issued in favour of the petitioner, dated 29.07.1982 was cancelled in exercise of the powers conferred under Rule 6 of the Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Rules, 1992, on observing as follows:

(2.) BY the impugned memorandum dated 13.05.2003, the petitioner was asked to submit the original Scheduled Caste Certificate within seven days from the date of issuance of the Memorandum. Even though the status certificate of the petitioner was cancelled by the Memorandum dated 13.05.2003, the petitioner did not challenge the said order till he was terminated from the service, in the aftermath of a disciplinary proceeding. By the Memorandum dated 28.01.2004, Annexure -F to the writ petition, an inquiry had been sought to be initiated under Rule 14 of the CCS(CCA) Rules, 1965 on the following articles of charge:

(3.) IT appears from the records that the Disciplinary Authority was not satisfied with the reply filed by the petitioner and, as consequence thereof, the case was referred for inquiry to the Special Commissioner of Departmental Inquiries, Govt. of Tripura, Agartala. Thereafter, by filing a representation dated 12.05.2004, Annexure -'H' to the writ petition, before the Special Commissioner of Departmental Inquiries, the petitioner had asked for some additional documents. Subsequently, the Special Commissioner of Departmental Inquiries submitted his findings on 27.11.2004, Annexure -'I' to the writ petition, holding that the charges drawn up against the petitioner have been proved. As sequel, by the order dated 01.04.2005, Annexure -'J' to the writ petition, the petitioner has been terminated from the service in terms of the provisions of Rule 4(3) of the Tripura Scheduled Casts & Scheduled Tribes (Reservation of Vacancies in Services and Posts) Rules, 1992, as it was then. The petitioner being aggrieved by the said order dated 01.04.2005, preferred an appeal on 12.04.2005 to the respondent No. 2, the Secretary to the Govt. of Tripura, Department of Agriculture. Alongwith the rejoinder, the copy of the appellate order dated 23.08.2006, Annexure -'L' to the rejoinder has been filed. By the said order dated 23.08.2006, the appeal filed by the petitioner was dismissed. But, the petitioner did not challenge the said order by way of amendment. It may be pointed out that the order dated 23.08.2006 was passed after the writ petition was filed.