JANGA BAHUDUR CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS petition is directed against the Order dated 20- 05-2011 passed by the District Collector, East District, Gangtok whereby the Certificate of Identification (for short, 'COI') issued in favour of the petitioner No. 1, bearing No. 4593/DCE dated 12-12-1990, has been cancelled and consequently the following Certificates of Identification issued in favour of the petitioner Nos. 2 to 5, having been issued on the basis of Certificate of Identification of petitioner No. 1, have also been ordered to be cancelled :-

(2.) BRIEFLY stating the facts leading to filing of the present petition are that the petitioner herein, claiming to be the son of late Kharga Bahadur Chettri, was issued a Certificate of Identification dated 12-12-1990. Even prior to issuance of the aforesaid Certificate of Identification the petitioner had joined the State Government service and served with effect from 27-09-1974 to 28- 02-2011 when he retired as Assistant Sub- Inspector, Chungthang Police Station. In the year 2001 a Sale/Gift Deed was sought to be registered in favour of the petitioner No. 1. Respondent No. 3, who happens to be the wife of late Kharga Bahadur Chettri, who is claimed to be the father of petitioner No. 1, objected to the registration of the Gift Deed and also complained against the validity of Certificate of Identification issued in favour of the petitioner No. 1. It was also alleged by respondent No. 3 that the petitioner No. 1 is not the son of late Kharga Bahadur Chettri and prayed for cancellation of his Certificate of Identification. On the basis of above complaint, proceedings were initiated for cancellation of Certificate of Identification of petitioner No. 1 and the Assistant Collector, East, Gangtok vide its Order dated 03-12-2009 cancelled the Certificate of Identification of the petitioner No. 1 and the order having been confirmed by the Additional District Magistrate vide Office Order dated 30-03-2010, the petitioner assailed the above Orders in Writ Petition (C) No. 17 of 2010 before this Court inter alia challenging the jurisdiction of the authorities passing the impugned order. The contention of the petitioner prevailed, this Court vide its Order dated 27-08-2010 allowed the writ petition with the following obervations/directions :-

(3.) IT is pertinent to note that during the pendency of proceedings before the District Collector, the respondent No. 3 made an application asking for DNA test of the petitioner No. 1 with her. The petitioner No. 1, however, objected to the DNA test being carried out with respondent No.3 and asked for conduct of DNA test with the blood sample of any one of the daughters of respondent No.3. On refusal of the petitioner to undergo DNA test, the District Collector on the basis of evidence/materials produced before him passed the impugned order setting aside the Certificates of Identification issued in favour of the petitioners.