HARCHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Six petitioners have filed this writ petition, seeking issuance of a writ in the nature of certiorari, quashing the communications dated 23.03.2020 and 04.05.2020. The controversy which requires adjudication is as to whether the petitioners have made out a case for interference, in the reports submitted by the 2 committees (tribunals), declaring that they were wrongly/incorrectly issued Social status(Schedule caste) certificates.

(2.) In this regard, it may be noted that in absence of any statutory provision, the Supreme Court in Kumari Madhuri Patil and Another v. Additional Commissioner, Tribal Development and Others (1994) 6 SCC 241, held that before cancelling the caste certificate, it would be incumbent to hold inquiry/investigations, at two different levels. In the judgment, certain guidelines were laid down, the relevant part whereof, reads as under:-

(3.) In the present case, the petitioners, on the strength of the Scheduled Caste Certificates issued by the authorities, contested the elections and became Sarpanch or Panches of the Gram Panchayat. On a complaint made, an inquiry was held at two different stages. The first inquiry was held by a committee, known as Vigilance Cell, with the following members:-