MARAN SARKAR Vs. STATE OF TRIPURA; SECRETARY TO GOVERNMENT OF TRIPURA; MEMBER SECRETARY; DIRECTOR GENERAL OF POLICE; INSPECTOR GENERAL OF POLICE (ADM)

JUDGEMENT

(1.) The undisputed fact, unfolded in this writ petition is that the petitioner obtained a status certificate claiming that he belongs to Mahishyadas community, recognized by the Constitution (Scheduled Castes) Order, 1950 issued under Article 341 of the Constitution of India. By virtue of the said certificate, the petitioner got appointment as the Sub-Inspector of Police in 1989. The status of the petitioner as a member of the Scheduled Caste community was questioned by the 'estranged relatives'. On inquiry, the status certificate was cancelled by the Sub-Divisional Officer, Belonia, South Tripura. The petitioner had challenged the order of cancellation by filing a writ petition being W.P.(C) No.120 of 2000. By the common judgment and order dated 04.01.2006, the said writ petition along with some other writ petitions were disposed on quashing the impugned order of cancellation. The operative part of the common judgment and order reads as under:

(2.) In terms of the said order dated 04.01.2006, a further inquiry was instituted by the State Level Scrutiny Committee and by the order dated 28.11.2006, the State Level Scrutiny Committee again cancelled the status certificate of the petitioner holding that the petitioner does not belong to the Mahishyadas community, rather he belongs to Kayasta community which is not recognized by the Constitution (Scheduled Castes) Order, 1950. The petitioner had challenged the order dated 28.11.2006 by filing a writ petition being W.P.(C) No.44 of 2007. By the judgment and order dated 21.08.2007 in W.P.(C) 44 of 2007, the order cancelling the status certificate of the petitioner was quashed. For purpose of record, the operative part of the said judgment is reproduced hereunder :

(3.) It is apparent from the order dated 21.08.2007 that the leave was granted to the respondents for taking recourse to a fresh inquiry into the status of the petitioner, but such inquiry has to be made expeditiously and in consonance to the spirit and observations indicated in the order dated 04.01.2006, as well as by observing the principles of natural justice. The State Level Scrutiny Committee instituted a fresh inquiry in pursuance to the said leave and finally, by the order dated 16.09.2009 which was communicated vide No.12167-79-F.2-138 (B- 48)SCW/GL/OBC/97 dated 08.10.2009, hereinafter referred to as the impugned order, Annexure-A to the writ petition, the status certificate of the petitioner has been cancelled. The said order dated 16.09.2009, Annexure-A to the writ petition, has been challenged in this writ petition.