Anand vs Committee For S.&V. Of Tribe Claims &Ors on 8 November, 2011
Another fact that is also required to
be noted is that the Scrutiny Committee as well as the Vigilance
Cell are insisting that some other persons are the family members
of the petitioner, when the petitioner had denied by giving a
genealogy. It appears from the record which was before the
Scrutiny Committee and which is not placed before this Court also
that the Vigilance Cell visited the school record and collected certain
documents from the school and it is stated that those persons are
the relatives of the petitioner, but then the Vigilance Cell has not
taken care to record the statements of those persons in order to
ascertain as to whether really they are the relatives of the
petitioner or not. The affinity test is not to be carried out in such a
manner. The concerned authority i.e. Vigilance Cell had every
power to record the statements in order to ascertain the truth
behind the documents and, therefore, the observations in Anand
(Supra) would be applicable here.