The High Court set aside an ex parte order under Article 226 cancelling the petitioner's Caste Certificate due to violation of natural justice, directing a fresh order after hearing.
The impugned order dated 02.02.2019 passed by Respondent No. 6 (Tehsildar) quashing the petitioner's Caste Certificate has been set aside.
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Court No. - 32
Case :- WRIT - C No. - 7516 of 2019
Petitioner :- Gangaram Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- A.S.G.I., C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
Today, an amendment application has been filed by the learned counsel for the petitioner annexing the copy of the order of the District Scrutiny Committee authorizing the Tehsildar to pass the order with regard to the Caste Certificate of the petitioner.
This writ petition has been filed, interalia for the following reliefs:
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.02.2019 passed by the respondent no. 6, by means of impugned order the respondent no. 6 cancelled the Caste Certificate of the petitioner.
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to give effect to the impugned order dated 02.02.2019 passed by the respondent no. 6, by means of the impugned order the respondent no. 6 cancelled the Caste Certificate of the petitioner.
(c) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to provide all the benefits of reservation in public employment and schemes to the persons belonging to Pal Community, provided to the persons belonging to Schedule Caste."
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner has stated that the Caste Certificate issued in favour of the petitioner has been cancelled by the Tehsildar (on the ground that it was obtained by playing fraud on the authority) without issuing any notice or affording any opportunity of hearing to the petitioner, as such, the impugned order has been passed in utter violation of principle of natural justice.
Learned Standing Counsel has not disputed the aforesaid fact and has stated that he has no objection, in case the impugned order is set aside and the concerned authority is directed to pass a fresh order after issuing notice and affording opportunity of hearing to the petitioner.
Considering the facts and circumstances of the case and keeping in view of the fact that the impugned order has been passed ex parte without issuing any notice or affording any opportunity of hearing to the petitioner, the impugned order dated 02.02.2019 passed by the respondent no. 6- Tehsildar, Sadar, Kanpur Nagar is hereby set aside. However, it is open for the respondent no. 6 to pass a fresh order expeditiously in accordance with law after affording opportunity of hearing to the petitioner.
With the aforesaid observation, this writ petition is finally disposed of.
Order Date :- 2.5.2019 Arun
1 issue framed by the court
Whether the impugned order cancelling the Caste Certificate issued inter se violated the principle of natural justice due to lack of notice and hearing.
2 provisions across 2 enactments
Gangaram
Union Of India
Shashi Kant Gupta
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
