NAMITA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition the petitioner has challenged the order dated 03.10.2008 whereby he has been dismissed from service on the ground that his scheduled caste certificate was cancelled by the State Level Scrutiny Committee. He has also challenged the order dated 13.04.2009 passed by the appellate authority whereby the appeal filed by him has been rejected.

(2.) The undisputed facts are that the petitioner applied for grant of scheduled caste certificate claiming that she belongs to the Mahishya Das community. This certificate was granted in her favour on 16.07.1986.

(3.) As far as the petitioner is concerned on 08.03.1999 she was asked to appear before the Sub-Divisional Officer, Sadar because an inquiry was to be conducted with regard to her certificate. It is not denied that the petitioner appeared before the Sub-Divisional Officer and surrendered her scheduled caste certificate. Therefore, she had surrendered her scheduled caste certificate even prior to the issuance of the notification in question. The question is whether she should have been punished with the dismissal from service after so many years.