VANGADA VISWANADHAM Vs. COLLECTOR-CUM-DISTRICT

JUDGEMENT

(1.) This writ petition involves a challenge to the order under Annexure-3 passed by the Tahasildar, Berhampur thereby declaring the petitioner does not belong to the caste "Patratanti", as claimed by him in exercise of power envisaged under Rule 8 of the Orissa Caste Certificate (for Scheduled Castes & Scheduled Tribes) Rules, 1980 (in short, "Rules, 1980"), consequently revoking the order passed in favour of the petitioner in the Misc. Case No.2571/1984 and further asking the petitioner to surrender the certificate granted in his favour on disposal of the Misc. Case No.2571/1984 and also the order passed by the appellate authority under Section 9 of Rules, 1980 thereby confirming the order of the Tahasildar under Annexure-3 as appearing at Annexure-7.

(2.) Short background involved in the case is that the petitioner while continuing as an employee in the National Insurance Company Ltd. after continuing in service for over eighteen years received a notice from the Tahasildar, Berhampur on 23.7.2002 to appear in a proceeding, vide Misc. Case No.4349/2002 for verification of the authenticity of the caste certificate already issued in his favour. The background involving the above proceeding herein is that in the year 1983 after completion of graduation while the petitioner was searching for a job he applied the Tahasildar, Berhampur for issuing caste certificate as per the provision in the Rules, 1980. This application was registered as Misc. Case No.2571/1984. After necessary verification and taking oral evidence by way of local enquiry, the Additional Tahasildar on 13.12.1984 issued a caste certificate certifying the petitioner as "Patratanti" by caste, which caste was also included at serial no.76 in the Constitution (Scheduled Castes) Orders, 1950 as available at Annexure-1. Upon receipt of notice in Misc. Case No.4349/2002, the petitioner appeared before the Tahasildar, Berhampur and requested for some time for arranging relevant document to file a response to justify the grant of certificate already issued in his favour. Finding that the case record involving Misc. Case No.2517/1984 was destroyed at the end of the public office, the Tahasildar, Berhampur during pendency of the aforesaid Misc. Case directed the petitioner to file affidavit stating that he belonged to "Patratanti" caste with supporting materials. The petitioner filed an affidavit on 20.11.2002. The proceeding was closed by the Tahasildar, vide Annexure-3 with observation that the petitioner does not belong to caste "Patratanti", and therefore, by revoking/cancelling the caste certificate already granted in favour of the petitioner, the Tahasildar on disposal of the said proceeding directed the petitioner to return the certificate granted in his favour involving Misc. Case No.2517/1984.

(3.) Assailing the aforesaid order, the petitioner preferred an appeal (Misc. Appeal No.2/2003). The appeal at the first instance was disposed of without affording opportunity to the petitioner. Petitioner preferred W.P.(C) No.5715/2005 assailing the appellate order, which writ petition upon hearing both sides was disposed of setting aside the appellate order therein and remanding the matter to the appellate authority for fresh disposal of the appeal after giving opportunity of hearing to the petitioner. On remand, the appeal was re-heard and by order under Annexure-7, the appeal was dismissed on merit thereby confirming the direction of the Tahasildar, vide Annexure-3. Hence, the present writ petition.