Case Note & Summary
The petitioner, Pramod Krishnarao Bayaskar, challenged the order dated 27.11.2008 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, which invalidated his caste claim for 'Thakur' Scheduled Tribe. The principal ground of challenge was that the copy of the Police Vigilance Cell Report dated 12.3.2005 was not served upon him, depriving him of the opportunity to submit a reply. The petitioner's counsel, Mr. N. R. Saboo, pointed out that the notice dated 29.9.2008 calling for personal interview did not enclose any documents, including the vigilance report. The respondent Committee filed a reply but did not deny this averment. Upon perusal of the record, the Court found that no copy of the Police Vigilance Cell Report was served on the petitioner, and the Committee's order did not record any finding that such report was supplied. The Court held that the non-supply of the adverse report violated principles of natural justice, and on this ground alone, the impugned order was liable to be set aside. The Court quashed the order and directed the petitioner to appear before the Committee on 28.1.2010. The respondent's counsel submitted that a copy of the Police Vigilance Cell Report would be furnished to the petitioner, and the Committee was directed to proceed thereafter in accordance with law. No order as to costs.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Supply of Adverse Material - The Scrutiny Committee invalidated the petitioner's caste claim for 'Thakur' Scheduled Tribe without furnishing a copy of the Police Vigilance Cell Report dated 12.3.2005, which formed the basis of the adverse order. The Court held that non-supply of such report violates principles of natural justice and renders the order unsustainable. (Paras 4-6) B) Service Law - Caste Certificate Scrutiny - Procedure - The Committee must supply all adverse material, including vigilance reports, to the claimant before passing an order. Failure to do so vitiates the proceedings. (Paras 4-6)
Issue of Consideration
Whether the order of the Scheduled Tribe Certificate Scrutiny Committee invalidating the petitioner's caste claim is sustainable when the copy of the Police Vigilance Cell Report was not supplied to the petitioner, thereby violating principles of natural justice.
Final Decision
The petition is allowed. The order dated 27.11.2008 passed by the respondent/Scrutiny Committee invalidating the caste claim of the petitioner is quashed and set aside. The petitioner is directed to appear before the Committee on 28th January, 2010 at 11.00 A.M. The respondent/Committee to furnish copy of Police Vigilance Cell Report and proceed thereafter in accordance with law. No order as to costs.
Law Points
- Natural justice
- Right to be heard
- Supply of adverse material
- Caste claim scrutiny
