Case Note & Summary
The petitioner, Vithal Bhaduji Shrirame, was initially appointed as a Forest Guard in 1969 and later promoted to Forester and then to Range Forest Officer on 28.06.1982, from which he superannuated on 30.06.2000. His claim for Mana Scheduled Tribe category was rejected by the Committee for Scrutiny and Verification of Tribes Claims, Nagpur, by an impugned order. The petitioner challenged this order in the High Court. The court noted that the impugned order did not record any reason and did not take into consideration the documents filed by the petitioner in support of his caste claim. The respondent No.2, Forest Development Corporation, filed a reply dated 21.01.2003, pointing out that as per Government Resolution No. BCC/1094/Pr.No./68/9416B dated 15/6/1995, certain castes including the petitioner's caste were included in the special backward category and it was resolved that persons appointed or promoted on the basis of the caste certificate should not be reverted or removed from services. The court found that the order was unsustainable as it lacked reasons and consideration of evidence. The court set aside the impugned order and remitted the matter back to the Committee for fresh consideration in accordance with law, directing the Committee to decide the matter within six months from the date of the order. The petition was allowed accordingly.
Headnote
A) Administrative Law - Natural Justice - Reasoned Order - Caste Scrutiny Committee - The order of the Committee for Scrutiny and Verification of Tribes Claims rejecting the petitioner's claim for Mana Scheduled Tribe was quashed as it did not record any reasons and failed to consider the documents filed by the petitioner. The court held that such an order is unsustainable in law and remitted the matter for fresh consideration. (Paras 3-4)
Issue of Consideration
Whether the order of the Scrutiny Committee rejecting the petitioner's claim for Mana Scheduled Tribe is sustainable when it does not record any reasons and fails to consider the documents filed by the petitioner.
Final Decision
The impugned order is quashed and set aside. The matter is remitted back to the Committee for Scrutiny and Verification of Tribes Claims, Nagpur, for fresh consideration in accordance with law. The Committee shall decide the matter within six months from the date of the order. The petition is allowed.
Law Points
- Natural justice
- reasoned order
- caste scrutiny
- Scheduled Tribe claim
- Mana tribe
