BIRAJ ADHIKARI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) On the request of Learned Advocate General, the matter be taken up at 02.00 p.m. 02.00 p.m. In compliance to the Order of this Court dated 05-11-2019 the State-Respondents No.1 and 3 have filed an additional Affidavit today submitting inter alia that in view of the Report dated 18-08- 2018 of the Commission and with a view to strengthen the process and procedure of Certificate of Identification and Residential Certificate, the Land Revenue and Disaster Management Department procured distinct Security Hologram from Holostik India Limited and has already issued distinct Security Hologram to the District Collectors vide letter dated 26-07-2017. These Holograms were to be pasted on the Certificate of Identification and Residential Certificates with immediate effect.

(2.) In this regard, it may be recalled that on 02-11-2018 a Report had been filed on behalf of the Respondents No.1 to 3 submitting inter alia that this Court vide Order dated 24-08-2017 had granted time to the State Government to consider appointment of an independent Agency under the Chairmanship of a retired High Court Judge for the purpose of verification of fake Sikkim Subject Certificates/Certificate of Identifications. Accordingly, the State Government constituted a Commission headed by Hon'ble Mr. Justice Malay Sengupta, retired Judge of this High Court vide Notification No.39/Home/2017, dated 04-09-2017. The terms of reference were to be;

(3.) The Commission so constituted completed its proceedings on inquiry into the allegations and report was submitted to the State Government on 01-09-2018 for further necessary approval. The State Government on 27-09-2018 approved the recommendations of the Commission. The Commission in its Report recommended as under;