LAWS(P&H)-1992-2-212

GURNAM SINGH Vs. STATE OF PUNJAB

Decided On February 07, 1992
GURNAM SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) On June 18,1975 the Sub Divisional Officer (C) jagraon issued a certificate in favour of the petitioner that he belongs to "caste LOHAR (as per report by the Tehsildar Jagraon)." Vide order dated April 18, 1988, this certificate was cancelled. The petitioner claims that by the cancellation of the certificate his rights in the matter of service conditions and promotion etc. are adversely affected. It is claimed that such an order could not have been parsed except after the grant of a due and a reasonable opportunity. It is averred that no notice or opportuniry was given by the Sub Divisional Officer, who has been impleaded as respondent No. 2 before passing the impugned order.

(2.) A written statement has been filed on behalf of the State of Punjab. With regard to the relevant averments, it has been stated that the reply has to be filed by respondent No. 2. None has been filed on his behalf. So far as the private respondent No. 3 is concerned, a detailed written statement has been filed on his behalf. However, a Civil Misc. Application No. 7836 of 1991 had also been moved in Octomber 1991, in which he had inter alia prayed that the order may be quashed and lb. Government may pass a fresh order after giving an opportunity to the petitioner.

(3.) I have heard Mr. S.D. Sharma for the petitioner and Mr. Varinder Pal Singh for respondents Nos. 1 and 2.