(1.) The real issue involved in both the writ petitions filed by the writ petitioners who are brothers of full blood is no longer res-integra and has already been decided by this Court by judgment and order dated 03.08.93 passed in Civil Rule No. 231/90 which has attained its finality. However, the manner and method in which the issue has been dealt with is the subject matter of dispute.
(2.) The petitioner in Civil Rule No. 121 /95 is aggrieved by the order dated 24.01.1995 issued by the District Magistrate and Collector, West Tripura, Agartala canceling the Schedule Tribe Certificate which was issued in favour of the petitioner way back in 1977 (27.06.77). He is also aggrieved by the order dated 07.02.1995 consequential to the order dated 24.01.1995 reverting him to the post of Fishery Officer from the post of Superintendent of Fishery to which post he was promoted on adhoc basis by order dated 06.07.91. His such promotion on adhoc basis continued with various orders beginning from 06.07.1991 providing duration of six (6) months every time. The petitioner was issued with ST Certificate dated 27.06.1977 from the office of the District Magistrate, West Tripura certifying him as belonging to Tripuri Community which is a Schedule Tribe under the Constitution (Scheduled Tribes) Order 1950.
(3.) The show cause notice was issued to the petitioner on 19.06.1993 asking for documentary evidence in support of the aforesaid Caste Certificate issued to the petitioner, on the ground that on enquiry it was established that the petitioner was in fact a member of Laskar Community not included as Scheduled Tribe in the constitutional order. The petitioner by his letter dated 22.06.1993 responded to the show cause notice praying for stay of the proceeding in view of the pendency of the writ petition being Civil Rule No. 231/1990 filed by his brother Shri Dilip Kumar Deb Barma who incidentally is the other writ petitioner in Civil Rule No. 341/ 1995 on the same issue as was raised by the show cause notice. However, by letter dated 06.07.93 issued by the Sub-Divisional Officer, Sadar, West Tripura the petitioner was directed to produce all relevant documents on 15.07.93. The petitioner once again by his letter dated 27.06.93 requested for stay of the proceeding on the ground specified above. Eventually, by reply dated 10.02.1994 the petitioner responded to the show cause notice by furnishing documents etc. including the purported sale deed bearing No. 11672 dated 05.10.1943 stated to be executed by his grand father. The description of the executor as "Khatria" and "Deb Barma" was according to the petitioner a sufficient proof of his ST status. However, by communication dated 25.04.1994 issued by the SDO, Sadar, West Tripura, the petitioner was intimated that his representation could not be accepted as it had already been ascertained that he and his family members did not belong to ST (Tripuri) Community but belonged to "Laskar" Community.