LAWS(GAU)-2009-3-13

SANTANU DEBBARMA Vs. STATE OF TRIPURA

Decided On March 26, 2009
Santanu Debbarma Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) HEARD Mr. S. Deb, learned senior counsel appearing for the petitioner. Also heard Mr. S. Chakraborty, learned Addl. Govt. Advocate who represents the respondents.

(2.) BY this petition, the order dated 7. 11. 2005 of the State Level Scrutiny Committee has been put to challenge by the petitioner. By the said order, it has been concluded that the petitioner belongs to the 'laskar' community and therefore, the scheduled tribe (ST) certificate granted to him on 11. 6. 1974 is no longer valid and the said ST certificate was ordered to be cancelled and the writ petitioner was directed to return the original certificate.

(3.) IT is also contended by Mr. Deb that the vigilance inquiry report prepared by the Inspector of Police in the Vigilance Cell, has been relied upon to declare the petitioner as a non scheduled tribe person and since the said vigilance report dated 28. 10. 2004 has been prepared on the basis of statements of 8 persons, who were examined by the Vigilance Officer, the petitioner should have been afforded an opportunity to cross-examine those persons, before any adverse decision on the social status of the petitioner was taken by the Authorities.