SANJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is seeking quashing of the order dated 18.10.2017 (Annexure P-7), report of the Tehsildar dated 15.05.2018 (Annexure P-9), report of the committee dated 31.05.2018 (Annexure P-10) and the charge sheet dated 08.10.2018 (Annexure P-11).

(2.) Father of the petitioner was issued a Scheduled Caste certificate on 29.10.1985 and elder brother of the petitioner was issued the same certificate on 26.07.1986 (Annexure P-3). Petitioner was issued the certificate of Kabir Panthi (Sadh) by the competent authority on 06.08.1987 (Annexure P-4). Even the younger brother of petitioner was also issued a Scheduled Caste certificate on 11.09.1996 (Annexure P-4A). On the strength of the above said certificate, petitioner applied for the post of Clerk in the Haryana Civil Secretariat, Chandigarh and after selection, he joined on the said post on 01.08.1997. Subsequently, the petitioner was promoted as Assistant on 30.01.2009.

(3.) On 06.03.2017, a complaint (Annexure P-5) was made by the real uncle (Chacha) of the petitioner and the matter was referred for investigation to the Vigilance Commission. As per report (Annexure P-6) of the Vigilance Commission, petitioner belongs to Kabir Pandhi (Sadh) caste. Thereafter, vide order dated 18.10.2017 (Annexure P-7), the Chief Secretary constituted a committee to look into the genuineness of the caste certificate. Veracity of the petitioner's certificate was inquired by the Nambardar and a report was given by the Patwari, which was endorsed by the Tehsildar on 17.01.2018 (Annexure P-8) stating therein that petitioner belonged to a Scheduled Caste. Thereafter, a fresh report dated 15.05.2018 (Annexure P-9) was given by the same Tehsildar by taking a U-Turn. As per this report, Kabir Panthi (Sadh) has not been mentioned anywhere as a Scheduled Caste. It is further stated in the report that Kabir Panthi (Sadh) is equitable to Swami Sadh and since Swami Sadh comes within Bakward Class category, the certificate of the petitioner was not correct. Thereafter, vide decision dated 31.05.2018 (Annexure P-10), later report of the Tehsildar was accepted by the Committee and a charge sheet was issued to the petitioner on 08.10.2018 (Annexure P-11).