Madhya Pradesh High Court
Lalit Kumar Verma vs General Administration Department on 27 September, 2019
W.P. No.3697/2017 1
(Lalit Kumar Verma S/o Late Shri Bholuram Verma
vs. State of M.P. and others)
HIGH COURT OF MADHYA PRADESH:BENCH AT INDORE
Single Bench: Hon'ble Ms. Justice Vandana Kasrekar
W.P. No.3697/2017
Lalit Kumar Verma S/o Late Shri Bholuram Verma
vs.
State of M.P. and others
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Shri V.K. Jain, learned senior counsel assisted by Shri
Anubhav Raj Pandey, learned counsel for the petitioner.
Shri Nilesh Jagtap, learned counsel for the
respondents/State.
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ORDER
(Passed on 27/09/2019) The petitioner has filed the present petition challenging the order dated 04/05/2017 (Annexure-P/1) passed by respondent No.5 whereby terminating the services of the petitioner on the ground of false caste certificate.
2. Facts in brief are that on 07/07/1989 the petitioner applied for appointment on the post of Tehsildar on the basis that he belongs to Scheduled Caste i.e. Manjhi. The Tehsildar has granted this certificate to the petitioner on 07/07/1989. Thereafter, the petitioner has lost the original caste certificate, he therefore, again applied for the same and obtained the same from Tehsildar on 28/09/1993. The petitioner was initially appointed on the post of Assistant Teacher on 28/02/1994 and he confirmed on the said post on 05/03/2001. The petitioner was appointed on the basis of caste certificate of Scheduled Caste issued in his favour by the Tehsildar. Thereafter, show-
W.P. No.3697/2017 2(Lalit Kumar Verma S/o Late Shri Bholuram Verma vs. State of M.P. and others) cause notice was issued to the petitioner on 22/11/2016. The petitioner has filed the reply to the said show-cause notice on 16/01/2017. In the meanwhile, some complaint was made regarding the caste certificate issued to the petitioner and the High Power Committee has rejected petitioner's caste certificate, therefore, he has filed W.P. No.3090/2017 before this Court and this Court has stayed the order of the said Committee vide order dated 16/05/2017. The petitioner has informed this fact to the respondents, however, without considering, the respondent No.5 had passed the order dated 04/05/2017 whereby terminating the services of the petitioner on the ground of producing a false caste certificate. Being aggrieved by that order, petitioner has filed the present writ petition.
3. Learned senior counsel for the petitioner submits that the impugned order is illegal and contrary to law. It is submitted that the State Government had taken a decision in the memorandum dated 17/02/2014 for those persons who belongs to Kewat, Mallah, Shimar, Nishad, Bhoi, Kahar etc. are sub-castes of Tribe Manjhi and the persons who had appointed in Government Services before the issuance of memorandum should be protected. In the present case, caste certificate of the petitioner was issued on 07/07/1989 and 28/09/1993, therefore, in light of the said direction of the State Government, impugned order deserves to be quashed. He submitted that the Government is seized off whether Kewat, Mallah, Dhimar, Bhoi, Nishad, Kahar etc. are the sub-castes of Manjhi and to be included in Scheduled Tribe. Consequently, W.P. No.3697/2017 3 (Lalit Kumar Verma S/o Late Shri Bholuram Verma vs. State of M.P. and others) Government of M.P. Tribal Welfare Department sent recommendations of the Committee constituted by the respondent No.1 on the matter about inclusion of Dheemar, Kewat, Kahar, Bhoi, Mallah, Nishad in the Constitution (Scheduled Tribes), vide Office Memorandum dated 15/01/2003. On 22/01/2004 the Government of M.P. Department of Primitive Caste and Schedule Caste Welfare Department, Bhopal issued the office memorandum and it was specifically directed to the respondent No.5 that the case of the persons having certificate of Manjhi caste should not be investigated as the concerned Committee has recommended that Kewat, Mallah, Dhimar, Dhiwar, Nishad, Bhoi, Kahar etc. are equivalent to Manjhi and Majhwar caste. State of made recommendations to the Government of India to notify Kewat, Mallah, Dhiwar, Nishad, Bhoi, Kahar etc. as Scheduled Tribe like Manjhi and Majhwar.
4. It is argued that in spite of said memorandum, the services of the petitioner have been terminated. He further submits that vide order dated 16/05/2017 this Court granted stay in favour of the petitioner. He argued that in the present case, the allegations against the petitioner is not that he procured and produced a forged caste certificate, rather the case of the respondent No.5 is that the caste certificate issued to the petitioner is wrong. Thus, it is not the mistake on the part of the petitioner, therefore, the petition deserves to be allowed.
5. Learned Government Advocate for the respondents/State have filed their and in the reply they have stated that a W.P. No.3697/2017 4 (Lalit Kumar Verma S/o Late Shri Bholuram Verma vs. State of M.P. and others) complaint has been made by one Kamal S/o Tulsiram Loghade to the Assistant Commissioner, Tribal Welfare Department, Khargone against the petitioner that he obtained the appointment by producing false certificate. It is further stated that Manjhi is not the Schedule Caste in the District-Khargone and investigation was conducted by Assistant Commissioner, Bhikangaon and in the enquiry SDO has found that the petitioner belongs to Manjhi caste. On the basis of said allegation, D.E. was also initiated against the petitioner. The SDO in his report has found that in Khasra entries as well as revenue entries, the caste of the petitioner has been shown as Kahar, which comes in Schedule Tribe and recommended for termination of the petitioner from the service. In the D.E. It was found that petitioner belongs to Kahar caste, which includes Schedule Tribe. In the D.E. Petitioner was given full opportunity of hearing and thereafter on the basis of evidence Enquiry Officer came to the conclusion that petitioner has obtained the appointment by producing a false caste certificate. Thus, the impugned order has rightly been passed, therefore, petition deserves to be dismissed.
6. Petitioner has filed the rejoinder to the reply and in the rejoinder, it is stated that State Government has taken a decision to give protection to those persons who have caste certificate of Manjhi, Dhiwar, Kahar, Bhoi, Kewat, Mallah, Nishad etc. Thus, as the said fact has not been controverted by the respondents in their reply. The State Government has found that Dhiwar, Kahar, Bhoi, Kewat, Mallah, Nishad are the sub-castes of Manjhi and as the petitioner belongs to Kahar, W.P. No.3697/2017 5 (Lalit Kumar Verma S/o Late Shri Bholuram Verma vs. State of M.P. and others) therefore, certificate which is produced by the petitioner cannot be said to be forged certificate. It is further stated that as per the decision of Kumari Madhuri Patel vs. Addl. Commissioner (1994) 6 SCC 241 the High Power Committee is empowered to decide the issue regarding false caste certificate.
7. I have heard learned counsel for the parties and perused the record.
8. In the present case, the petitioner was initially appointed on the post of Assistant Teacher on the basis of caste certificate issued by SDO that the petitioner belongs to Manjhi (Kahar) caste. A complaint has been made against the petitioner stating that the petitioner has obtained the appointment by producing a false caste certificate, therefore, the Additional Commissioner has directed SDO to make an enquiry. Accordingly, the investigation was conducted and SDO has found that petitioner does not belongs to Manjhi caste, therefore, he recommended for terminating the services of the petitioner, thereafter Departmental Enquiry has initiated and that D.E. in the investigation it was found that certificate which is produced by the petitioner belongs to Kahar caste, which comes in Schedule Tribe, therefore, his services were terminated. Being aggrieved by the said, petitioner filed the present petition.
9. In the present case, State Government has constituted a High Power Committee about inclusion of Dhimar, Kewat, Kahar, Bhoi, Mallah, Nishad in the Constitution (Scheduled Tribes) Orders, 1950. Thereafter the State Government has W.P. No.3697/2017 6 (Lalit Kumar Verma S/o Late Shri Bholuram Verma vs. State of M.P. and others) taken a decision in the year 2014 and on 01/01/2018 the persons who belongs to Dhimar, Kahar, Bhoi, Kewat, Mallah, Nishard etc. caste and have caste certificate of Manjhi, Schedule Tribe and in pursuance to it have got appointment in government service in educational institutes before 11/11/2005 shall have the protection with respect to the said certificate.
10. In the present case, caste certificate of the petitioner is issued on 07/07/1989 and 28/09/1993 and he was appointed in the government service on 28/09/1994 i.e. prior to 11/11/2005 and therefore, in light of the decision taken by the State Government his services should not have been terminated. This Court is, therefore, of the considered opinion that the present petition deserves to be and is hereby allowed. The impugned order/proceedings dated 04/05/2017 (Annexure-P/1) passed by respondent No.5 whereby terminating the services of the petitioner on the ground of false caste certificate is hereby quashed. The respondents are directed to re-instate the petitioner in service alongwith all consequential benefits.
11. With the aforesaid, petition stands disposed finally.
C.C. as per rules.
(Ms. Vandana Kasrekar) Judge Aiyer* Digitally signed by Jagdishan Aiyer Date: 2019.09.30 11:03:53 +05'30'