SANDEEP BAKSHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for restraining the respondents from disturbing him from discharging his duties in the capacity of Joint Secretary on the basis of caste certificate of the petitioner.

(3.) The facts of the case in short is that the petitioner is a member of Schedule Tribe and at present working as Joint Secretary under the Govt. of Jharkhand. The caste certificate to the petitioner was issued on 13.12.1983 by the Deputy Commissioner, Ranchi wherein he along with his siblings were shown to be belonging to Schedule Tribe category. It is the case of the petitioner that when for the purpose of appearing in State Civil Service Examination, the Deputy Commissioner, Ranchi denied to issue latest caste certificate in favour of petitioner, he moved to this Court by filing C.W.J.C. No. 3357 of 1992 (R), which was heard by a division bench of this Court and this Court, after hearing the parties, passed order on 23.02.1993 directing the Deputy Commissioner, Ranchi to issue caste certificate in favour of petitioner within a period of two months. In compliance of the order passed by this Court, the Deputy Commissioner issued caste certificate on 17.05.1993 (Annexure-1) in favour of petitioner and consequently, petitioner was appointed in State Administrative Service in erstwhile State of Bihar vide notification dated 23.05.1999 and later on, he was granted promotion in the rank of S.D.O. under ST category but surprisingly, he was denied promotion to the rank A.D.M., disputing his status as Scheduled Tribe, thus unsettling the issue already settled by the Hon'ble Division Bench of this Court.