ARABINDA KUMAR SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This judgment and order of ours will dispose of Appeal No. 145/95 and Appeal No. 146/98 which have been filed by the two brothers against the common judgment of the learned single Judge dated 13.5.1998 by which two writ petitions. Civil Rule No. 2544/ 96 and Ciivil Rule No. 4980/96 were disposed of The facts and the point of law in both the cases are almost identical. The facts are being taken from W.A. No. 145/1995.

(2.) The appellant herein Sri Arabinda Kumar Saha was born out of the wedlock between Basanta Kumar Saha of general category i.e., caste Hindu, (in other words not belonging to Scheduled Caste or Scheduled Tribe or a backward class) and Smti. Subhadra Das belonging to the Kaibarta Community a Scheduled Caste in the State of Assam. He was born on 1.8.1947. In other words he was the child of a non-Scheduled Caste father and Scheduled Caste mother. In 1967 the appellant-writ petitioner applied for grant of certificate as belonging to Scheduled Caste. It is the case of the appellant that he had duly disclosed that his father belonged to general category and was not a Scheduled Caste and mother belonged to a Scheduled Caste community. Appropriate authority i.e. Additional Deputy Commissioner, Dhubri, gave the petitioner a caste certificate as belonging to Scheduled Caste category on 12.6.67. The relevant portion of the certificate is reproduced below:-

(3.) The appellant was inducted into a Government service in the year 1972 as a Scheduled Caste. He joined the service as a Sub-Inspector in the Food & Civil Supplies Department and got his promotion as a member of the Scheduled Caste to the post of Inspector in the year of 1984 and then to the rank of Superintendent which post he is holding now. It is the case of the appellant that he has all along been treated as a member of the Scheduled Caste community and during his entire educational career as well as entry into the Govt. service the appellant has been known and treated as member of Scheduled Caste. He was elected as Vice-President of the Annusuchit Jati Karmachari Parishad, Dhubri and he is also been member of the Executive Committee of the Assam Annusuchit Jati Karmachari Santha since many years. Further it is the case of the appellant that one Sudhir Singh Chowdhury, Chairman of the Sub-Divisional Scheduled Caste Development Board had some prejudice against the appellant because the appellant was instrumental in getting some action taken in connection with a complaint against Shri Chowdhury regarding corruption etc. regarding working of the Co-operative Store in the Department of Food & Civil Supplies which led him to file a complaint against the appellant on 16.5.94 that the appellant is not a member of Scheduled Caste community and had wrongly obtained a caste certificate professing himself to be a member of the Scheduled Caste community.