NAROTTAM MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The writ petition was heard on several occasions. Today it has been called on for final hearing, upon State having filed additional affidavit dtd. 28/8/2023. Mr. Mishra, learned advocate appears on behalf of petitioner while Ms. Pattanayak, learned advocate, Additional Government Advocate, for State.

(2.) Petitioner's challenge is against final order dtd. 27/7/2013 of the State Level Scrutiny Committee (SLSC). On behalf of petitioner it was pointed out that by impugned order there was no cancellation of caste certificate but instead, finding that petitioner had faked his caste identity. There is no dispute that petitioner obtained a caste certificate on 26/12/1980 from the then Member of Legislative Assembly (MLA), certifying him to belong to a Scheduled Tribe (ST). On query from Court Mr. Mishra demonstrated that Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980 came into force as directed by circular dtd. 2/12/1980, 'at once'. As aforesaid, the caste certificate stood issued by the MLA later, on 26/12/1980.

(3.) Facts are that petitioner was appointed as 'Orderly Peon' in General Administrative (GA) Department on 17/9/1986. He entered government service on 20/9/1986. For purpose of the writ petition, petitioner obtained documents upon making query under Right to Information Act, 2005 and they have been disclosed. There is nothing on record to show that petitioner entered government service on basis of his caste certificate dtd. 26/12/1980, issued by the MLA. On behalf of petitioner it was demonstrated, office order dtd. 28/3/2011 issued by Government of Orissa Parliamentary Affairs Department, was purportedly on basis of allegation of mention in his service roll that he belongs to ST 'Kandha'. On thereby having been directed by letter dtd. 8/1/2008 to produce his caste certificate, petitioner produced said caste certificate dtd. 26/12/1980.