LOCHAN MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application, the Petitioner-Lochan Majhi has challenged the final order dated 30.06.2009 (Annexure-8) passed by the State Level Scrutiny Committee directing for cancellation of the caste certificate issued in favour of the Petitioner describing him as Scheduled Tribe and for his removal from Government service and the consequential order dated 28.07.2009 (Annexure-9) passed by the Executive Engineer, Lower Suktel Dam Division, Bolangir terminating the service of the Petitioner.

(2.) In pursuance of direction of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil and Anr. v. Addl. Commissioner, Tribal Development and Ors., 1995 AIR(SC) 94, the State Government has constituted the State Level Scrutiny Committee for making enquiry into allegations of fraudulent social status certificate and to pass appropriate orders thereon, so also the District Level Vigilance Cell to investigate into social status claim of persons. The Zilla Adivasi Sangha in the district of Bolangir alleged against a number of persons, who have obtained false and fraudulent Scheduled Tribe Certificates and are thereby gaining advantage by way of reservation in the matter of public employment and admission in the educational institutions to the detriment of the real tribal persons. The Petitioner-Lochan Majhi and his three daughters, namely, Renuka, Sasmita and Rasmita and his son, Sujit are some of the persons alleged to have acquired fake and fraudulent Scheduled Tribe caste certificates. Admittedly, the Petitioner-Lochan Majhi has been able to obtain two caste certificates describing him as a Scheduled Tribe of 'Gond' community. At two different points of time from two different authorities he obtained the caste certificates, i.e., from the S.D.O., Titilagarh in the year 1979 in Revenue Misc. Case No. 27/175/1979 and the second one from the Tahasildar, Kantabanji in the year 2005 in Revenue Misc. Case No. 2295 of 2005. On the basis of the Scheduled Tribe certificate obtained by him, he got employment as a Peon in the reserved quota meant for Scheduled Tribe in the Irrigation Department in the year 1982. His eldest daughter-Renuka Majhi, by virtue of the Scheduled Tribe certificate obtained by her, got appointment as a Junior Clerk in the office of the District Judge, Bolangir. On the complaint received against the Petitioner and his children, the State Level Scrutiny Committee initiated Case Nos. 5 of 2009 to 9 of 2009 against them and referred the matter to the District Vigilance Cell, Bolangir for the purpose of investigation.

(3.) The matter was enquired into by the Inspector of Police, Sonepur, who had been deputed to the Vigilance Cell, Bolangir. During enquiry, the Inspector of Police contacted the Petitioner, who stated that he is the son of late Dhansai Majhi of village-Rengali, P.S. Kantabanji, Dist-Bolangir and that he read upto matriculation without passing the same and has married one Padmabati Majhi and has got three daughters and one son and he is posted as Peon in the office of the Executive Engineer, Lower Suktel Dam Division, Bolangir since 1982. He claimed that he belongs to Gond caste, which is a Scheduled Tribe community in the State of Orissa. He started his schooling in Chaulsukha Sevashram (Primary School) and then in Deshil Ashram School of Tureikela Block. He denied the allegation that he was the natural born son of Markand Meher of village-Chaulsukha. In course of his local enquiry, the Inspector of Police of the Vigilance Cell in village-Rengali examined Lalita Majhi (65), wife of late Dhansai Majhi of village-Rengali, who stated that her husband had first married to one Chanchala Majhi, who died living behind a seven month old girl child, namely, Parbati Majhi. Thereafter, she (Lalita) married Dhansai Majhi about 50 years back, stayed in her husband's house, brought up Parbati and arranged her marriage. Lalita herself gave birth to a female child, namely, Ainla Majhi. Except these two daughters born through two wives, Dhansai Majhi has no other son or daughter nor has he taken any son on adoption. Lalita is still staying in the house of her husband, late Dhansai Majhi and possessing his landed properties. Of late, she came to know that Lochan Meher of village-Chaulsukha has claimed to be the son of her husband-Dhansai, even though she has not seen any Lochan Majhi during the funeral ceremony of her late husband or during the marriage ceremony of her daughter. Lalita further stated that a few months back the Petitioner came to her house and identified himself as the son of Dhansai Majhi and offered Rs. 200/- and one saree and induced her to recognise him as the son of Dhansai Majhi but she denied. During local enquiry, it was further found that Lochan Majhi and Lochan Meher are one and the same person who is the natural born son of Markand Meher and Smt. Sukrubari Meher of village-Chaulsukha under Kantabanji Police Station having sub-caste 'Bhulia' which is of O.B.C. category.