SWAPAN KUMAR ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner obtained a certificate, issued by the District Magistrate and Collector, Tripura, to the effect that the petitioner is a member of Scheduled Caste. After issuance of the said certificate, the petitioner came to be appointed, as an Assistant Teacher, in the month of July, 1970, by the Director of Higher Education, Tripura. While serving as an Assistant Teacher, the petitioner applied for the post of Inspector under the Customs and Central Excise, Government of India. After his selection, the petitioner received an offer of appointment to the post of Inspector of Customs and Central Excise subject to verification of his document(s) relating to his status as a member of Scheduled Caste. On verification, the petitioner was found to be a member of Scheduled Caste and he was accordingly appointed to the post of Inspector under the Customs and Central Excise, Government of India, and he joined his duties on 10.11.1980. In course of time, the petitioner was promoted to the post of Superintendent of Customs and Central Excise and, then, on ad hoc basis, as an Assistant Commissioner, Customs and Central Excise. While the petitioner was so serving as Assistant Commissioner, a notice, dated 5.8.2005, was issued by the District for Welfare of SC and OBCs, Govt. of Tripura, directing the petitioner to show cause as to why the certificate, which stood issued to the petitioner certifying him to be a member of the Scheduled Caste, be not cancelled on the ground that an enquiry, conducted by the Vigilance Cell, had revealed that the petitioner is not a member of scheduled caste. With the said notice to show cause, a copy of the enquiry report, conducted by the Vigilance Cell, was also enclosed. Responding to the notice to show-cause, the petitioner addressed a letter, dated 17.8.2005, to the Director for Welfare of Scheduled Caste and OBCs. Govt. of Tripura, seeking to have a copy of the complaint received by the authorities concerned. While the petitioner alleges that he had not been furnished the copy of the complaint, which had allegedly led to the whole enquiry and which was being relied upon by the State Level Scrutiny Committee (in short, 'the SLSC) constituted as per the provisions contained in Tripura Scheduled Caste and Scheduled Tribe Reservation Rules, 1992, the respondents claim that the copy of the complaint, as had been sought for by the petitioner, was sent to his address. The petitioner, however, denies receipt of the same by contending that he no longer lives at the address to which the copy of the complaint is claimed to have been sent. It is in this backdrop of facts that an order was passed, on 16.9.2009, by the SLSC, cancelling the petitioner's said scheduled caste certificate. By making this writ application, under Article 226 of the Constitution of India, the petitioner had put to challenge the order, dated 16.9.2009, seeking to get the same set aside and quashed.

(2.) I have heard Mr. A.M. Lodh, learned senior counsel, for the petitioner, and Mr. T.D. Mazumdar, learned Additional Govt. Advocate, appearing on behalf of the respondents.

(3.) Following the directions, issued by the Supreme Court, in Kumari Madhuri Patil and Anr. v. Additional Commissioner, Tribal Development and Ors., 1994 6 SCC 241, which were reiterated in Director of Tribal Welfare, Govt. of A.P. v. Laveti Giri and Anr., 1995 4 SCC 32, the Tripura Scheduled Caste and Scheduled Tribe Reservation Act, 1991, has been enacted and Tripura Scheduled Caste and Scheduled Tribe Reservation Rules, 1992, (hereinafter referred to as 'the Rules') has been framed under the said enactment in tune with the directions, issued in Kumari Madhuri Patil (supra). The Rules provide, for constitution of two different scrutiny committees. A scrutiny committee is, according to Rule 2 (1) (g) of the Rules, a committee constituted by the State Government for verification of community certificate and also cancellation of community certificate. Rule 5 embodies the procedure for issuance of certificate and Rule 6 provides for cancellation thereof. The scrutiny committee is popularly known as State Level Scrutiny Committee (in short, 'the SLSC'). There are two SLSCs, one for the Scheduled Tribes and the other for Scheduled Castes.