GULZAR CHAND Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) IT seems that the petitioner showed himself to be belonging to Scheduled Castes category and, therefore, was given land in restricted auction held on 27.10.1976. A complaint was made against the petitioner by one Chhinda Masih to the effect that the Scheduled Castes' Certificate, on the strength of which, the petitioner was allotted land, was issued on account of misrepresented facts, was forged and fabricated and, therefore, the petitioner did not belong to that category and was not entitled to even join the auction proceedings.

(2.) VIDE order 1.1.2002 (Annexure P-26), Sub Divisional Magistrate, Gurdaspur, conveyed to the petitioner that the Scheduled Castes' Certificate issued in favour of the petitioner is cancelled, on the basis of an inquiry conducted by Tehsildar, Gurdaspur. Admittedly, the petitioner was not joined in the inquiry. Even the language of order (Annexure P-26) indicates that the petitioner was not joined in the inquiry proceedings.

(3.) SURELY, if civil consequences were to follow, the petitioner was required to be given notice before cancelling the Scheduled Castes' Certificate issued in favour of the petitioner.