Case Note & Summary
The petitioner, Umesh Ganeshrao Jambhore, challenged the order dated 09/08/2021 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati, which invalidated his claim of belonging to the 'Mana' Scheduled Tribe, and the consequential termination order dated 06/09/2021 issued by Respondent Nos. 2 and 3. The petitioner had obtained a caste certificate claiming 'Mana' Scheduled Tribe, which was referred to the Committee for verification. The Committee, after a Vigilance Cell inquiry, invalidated the claim. The petitioner contended that the Committee did not provide him copies of the documents relied upon, nor did it give him an opportunity to cross-examine the Vigilance Cell personnel, thereby violating principles of natural justice. The respondents argued that the Committee followed due procedure. The High Court, after hearing both sides, found that the Committee had not supplied the documents to the petitioner and had not afforded an opportunity to cross-examine the Vigilance Cell personnel. The Court held that this was a clear violation of natural justice, rendering the impugned order unsustainable. Consequently, the Court quashed both the invalidation order and the termination order, and directed the Committee to decide the matter afresh after giving the petitioner a proper opportunity, including supply of documents and opportunity to cross-examine. The petition was allowed.
Headnote
A) Service Law - Caste Certificate Scrutiny - Natural Justice - Scheduled Tribe Certificate - The Committee invalidated the petitioner's 'Mana' Scheduled Tribe claim without providing copies of documents relied upon and without giving an opportunity to cross-examine the Vigilance Cell personnel. Held that such procedure violates principles of natural justice and the order is unsustainable (Paras 6-8). B) Service Law - Termination - Consequential Order - Termination based on invalidated caste certificate - Since the scrutiny order was set aside, the termination order dated 06/09/2021 also cannot survive and is quashed (Para 8).
Issue of Consideration
Whether the impugned order invalidating the petitioner's tribe claim as 'Mana' Scheduled Tribe and the consequential termination order are sustainable in law.
Final Decision
The impugned order dated 09/08/2021 passed by the Respondent No.1 and the termination order dated 06/09/2021 passed by Respondent Nos. 2 and 3 are quashed and set aside. The matter is remitted back to the Committee to decide afresh after giving opportunity to the petitioner to cross-examine the Vigilance Cell personnel and supply copies of documents relied upon. The petition is allowed.
Law Points
- Natural justice
- right to cross-examine
- opportunity of hearing
- caste certificate scrutiny
- Mana Scheduled Tribe
- termination based on invalidated certificate
