SHRI MANOJ KUMAR MAJUMDER Vs. THE STATE OF TRIPURA, AGARTALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF TRIPURA AND ORS.

JUDGEMENT

(1.) THE instant writ petition is filed by the petitioner for setting aside the order of the State Level Scrutiny Committee dated 27.06.2007 (Annexure -E to the writ petition), whereby and whereunder the State Level Scrutiny Committee cancelled the Castes Certificate dated 11.04.1978, issued by the Sub -Divisional Officer, Sonamura, West Tripura in favour of the petitioner and also directed the petitioner to return the aforesaid Scheduled Castes Certificate in original to the Director for Welfare of Scheduled Castes and OBCs within 15 days from that date and also for setting aside the order dated 05.09.2007, issued by the Member Secretary, State Level Scrutiny Committee, whereby the aforesaid order dated 27.06.2007 was communicated. Heard Mr. D. Chakraborty, learned counsel appearing for the petitioner as well as Mr. T.D. Majumder, learned Government Advocate appearing for the respondents.

(2.) THE brief facts needed to be discussed are as follows:

(3.) MR . Chakraborty, learned counsel for the petitioner has submitted that the whole enquiry was done by the State Level Scrutiny Committee through the Sub -Divisional Officer, Sonamura as the enquiry proceeding relating to the cancellation of the Castes Certificate of the petitioner was not only a hasty one but also without application of mind as it would be evident that though in the name of enquiry they have done so many things including the alleged opportunity given to the petitioner, but fact remains that the Certificate issued by the District Magistrate & Collector, West Tripura vide No. 942/DM/GL/(W)/76 dated 19.10.1976 was never taken into consideration and cancelled, rather a certificate dated 11.04.1978, issued by the Sub -Divisional Officer, Sonamura, West Tripura in favour of one Shri Manoj Kumar Majumder was cancelled by the State Level Scrutiny Committee and the said Certificate has also been confiscated. Placing the verification report of the Sub -Divisional Officer, Sonamura, West Tripura, Mr. Chakraborty has again submitted that the Sub -Divisional Officer, Sonamura enquired a certificate of one Sri Monoj Majumder, S/o. Late Anukul Majumder of Taijiling, at present living at Amtali, Agartala, whereas the name of the petitioner's father is late Ramoni Kumar Majumder. He has further submitted that admittedly a show cause notice was issued relating to the certificate issued by the District Magistrate & Collector, but the same has not been cancelled till date. Thus, it would be proper for the Court to set aside the impugned order dated 27.06.2007. He has also submitted that the State Level Scrutiny Committee even did not call the petitioner for adducing any evidence in support of his contention in reply to the show cause. He has further submitted that the respondents did not give any reason for non -accepting the report of the Vigilance Cell and they also acted in a mechanical way. He finally contended that the State -respondents are so vindictive that even after interim order was passed by this Court staying the order of the State Level Scrutiny Committee, they have terminated the petitioner and thereafter considering the consequences, they have revoked the said termination order.