Court No. - 54
Case :- WRIT - C No. - 28574 of 2014 Petitioner :- Vijay Kumar Gond Respondent :- Union Of India Thru Secy. And 4 Others Counsel for Petitioner :- R.S. Shukla Counsel for Respondent :- C.S.C.,A.S.G.I./2014/9693
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By means of this petition under Article 226 of the Constitution the petitioner has assailed the order passed by the District Level Committee dated 24th November, 2012 as well as the order passed by the Regional Level Committee dated 1st January, 2014.
The grievance of the petitioner is that not only the orders have been passed without considering the spirit of the order of this Court and mandate contained therein dated 10th September, 2012 passed in Writ -A No.- 59826 of 2006, by considering the caste of the petitioner whether he is a dhuriya as sub caste Gond or a dhuriya as sub-caste Kanhar. The Regional Level Committee and District Level Committee have placed heavy reliance upon the report placed before them dated 23rd April, 1999, 22nd May, 1999, 9th August, 1999 and 7th November, 2012, a copy whereof was never supplied to the petitioner. It is also submitted that the statement recorded of the headmaster of the school where the petitioner had studied on 31st March, 2003 was also not shown to the petitioner nor, a copy whereof was supplied to him. He submits, therefore, that the entire proceedings was a sham and the petitioner was just heard in the name of opportunity of hearing, giving empty formality to the principles of natural justice. The petitioner was not provided with the reasonable opportunity of hearing which required supply of requisite report and the statement recorded by the Officers concerned to the petitioner seeking his proper explanation in his defence. Specific plea has been taken in paragraph 19 of the writ petition that the copies of the reports were not supplied.
Per contra, though the argument advanced by the learned Standing Counsel is that finding of the fact as has come to be returned in the order passed by the Regional Level Committee as well as the District Level Committee but he concedes to the extent that there is nothing stated in the orders impugned from which it can be inferred that these documents were ever supplied to the petitioner.
Learned Standing Counsel also could not defend the averments made in paragraph 16 of the counter affidavit in reply to the contents of paragraph 19 of the writ petition.
In view of the above and the pleadings raised, in the considered opinion of the Court, the orders passed by the District Level Committee as well as Regional Level Committee cannot be sustained. The orders, therefore, dated 22nd November, 2012 and 1st January, 2014 filed as Anexures 1& 2 to the writ petition are hereby quashed.
The matter is remitted to the District Level Committee to decide afresh after supplying the copies of all the reports and documents relied upon and which may have bearing in the case while deciding the issue as to whether the petitioner belongs to the caste of dhuria claimed to be sub-caste of Gond and whether certificate is issued in the year 1980 initially were correct or not.
It is made clear that while exercising the power the District Level Committee shall act strictly in accordance with law and adjudicate the point by reasoned and speaking order. The entire exercise shall be carried out as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order.
The writ petition is, accordingly, allowed as indicated above.
Order Date :- 26.7.2019 Atmesh