DUMANU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS writ petition has been filed with the following prayers:

(2.) THE petitioner allegedly belonging to "Gaddi Arya" caste, claims himself to be a member of scheduled tribe community. He further claims that he was recruited in Central Industrial Security Force on 19.12.2003 as Constable being a candidate belonging to scheduled tribe category. Alongwith his application for this post, he had submitted scheduled tribe certificate, Annexure P -2, duly issued by the Executive Magistrate, Bharmaur, District Chamba, to his employer, the fourth respondent. The said respondent got the authenticity and genuineness of the certificate, in question, verified from the office of second respondent, who in turn, vide letter, Annexure P -3, had informed the fourth respondent that initially the petitioner was recorded as scheduled tribe in the revenue record and later on his father got his caste corrected from "Gaddi Arya" to "Hali", which has been notified as one of the scheduled castes by the State of H.P, the first respondent. Consequently, the petitioner was placed under suspension by the fourth respondent on the charge of production of a false caste certificate, vide order Annexure P -4, on the charges as per charge -sheet enclosed to Annexure P -4. Petitioner has assailed the order of his suspension as also the disciplinary proceedings initiated against him by filing the present petition, on the grounds interalia that he belongs to "Gaddi Arya" caste, which has been notified as scheduled tribe by the first respondent. In order to substantiate his claim a copy of Wazib -ul -Arz (Annexure P -12) and copy of Shajra Nasab (Annexure P -9) have been pressed in service.

(3.) THE first and the second respondents in reply to the writ petition have made preliminary submissions to the effect that this Court has no jurisdiction to entertain the present petition and that no legal or vested right of the petitioner has been infringed by them. On merits, it is submitted that the caste of the petitioner from "Gaddi Arya" to "Hali" has been ordered to be changed at the instance of the father of the petitioner, vide order Annexure P -6, by the Financial Commissioner (Appeals), H.P., passed in a revision petition. The petitioner being his off spring is stated to have stepped into the shoes of his father.