Petitioner, a Scheduled Tribe member, sought quashing of a show-cause notice demanding evidence for verification of his tribal status. Court dismissed petition as having no substance.
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goH coum‘ 0i: CHHATTisaARH AT gILAgPqg gm? {c} Nciésw of zoo? M PEYITIONER iEai'iesi1 Liviengsi’one, aged abouf 42 year's, 5/0 Wm'fer’, R/o Labour Coiony, Q. No.161, Rajnandgaon
For ‘Hve peri‘riomars. For’rhe 5Mha.
QRDER (Passed an 23” November, 2009)
Dhirendm NMishra 3' 1. Heard.
of by fhis common order as “rile-issue invo Ived in bofh fhese
pe‘ri‘Hons is same. However, “r'his in order refarence
made 1’0 ‘rhe is being pleadings made in WP. (c)No.6373/09‘.,r
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. By This peTi‘Hon Lmdér ArTicie 226’& 227 of The Congfim?ion of India"rhe pefifionerhas prayed for quashingofTheshow cause noTice daTed 27.4.2609 {Annexure P-4) is5ued by resoonden‘fr No.2 whereby Tho peTiTionar has been coilad upon To furnish documen‘i'qr'y ¢§_om! evidence for esmbiishing his casTa sTaTus as’Gond'.
.Mr‘. KoTecho, iearnad counsei appearing for The peTiTioner3 'Gond' submi'i's ThaT The beiongs To cosTe, which is peTiTioner ‘5cheduied noTified as Tribe' in The STaTe of ChhaTTisgarh. A casTe cerTificaTe To ThoT effecT has been issued To him by The comgeTehT auThor'iTy Tehsiidor vide Annexure P-l. Respondeni‘ No.4—Commission oh The basis of some compioih‘r agoins’r The had verified The socioi sTaTus cerTificaTe of The peTiTioner and afTer verificoTion heid ThoT efTer due enquiry peTiTioner The Tehsildori Balod, DisTricT Durg has issued The casTe cerTificoTe To The However; The STaTe High Levei peTiTioner. CasTe 5cruTiny CommiTTee i.e. resnondenT No.2; issued The r impugned show-cause noTice To The along wiTh peTiTioneh ihvesTigoTion reporT vide Annexure P-4. InvesTigoTion has been done behind The back of The wiThouT affording any pe‘TiTioner opgorTuniTy To cross-examine The wiTnesses. The peTiTionerhas oiready submiT‘E-‘ed deTaiied reipiy (Annexure P-5) To The Show cause hoTice. Issuance of show cause noTice by The respondeh‘i‘ No.2 is wiThouT as reseohdehT No.4 hasaiready JurisdicTioh verified The sociai sTaTus cerTificaTe of The 9eTiTioner and now iT is noT open To The respondehT No.2 Tore-verify The cerTificaTe of The ahd The some is causing peTiTioner unnecessarv harassmenT To The oeTiTioner. , r .Oh The oTher hand; Mr. Sumesh gageui. iearned GovernmenT AdvocaTe aonearingI‘l— for The 5ToTesubmiTs ThaT The 5TaTe has consTiTuTed The High Levei CasTe ScruTiny CommiTTee for verificaTion of The casTe cerTi‘gicaTe and iT is The highesT auThoriTvr To verifv., ahd deTermihe The social sTaTus of ahvi
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AC
individuai. Show—cause noTice has been issued affer‘ (we invesfiga‘i'Mn and copy of fhe invesfigm‘ion razor-1" has also been supplied To the pe’rifioner. Fmmbare perusalof 5ec+ions 9 & 10 of The MP. Rajya Anusuchh‘ Janja?i Ayog Adhiniyam; ‘Adhiniyam'L ‘Hne 1995 (for shor‘f if is ciear Thu? i? is no? funcfion of The Commission 1'0 verify say casfe cer'i'ifica'ie issued 'ro any individuai with respecf f0 The sociai sfafus.
. The High Levei CasTe 5cruTinyCommiTTeehasbeenconsTiTuTed as per guidelines and direcfions issued by fhe Hon'ble Supreme Cour? iii ’rhe ma‘r‘fer‘ of Kumgei Asgdlmrii é’gi’ii é snoi’her ‘isp Acidii’im‘iai Commissioner, Tribai Developmen? £1; c'i’l'ier’s repori’ed in AIIE 199$ 5C 94 ior The purposes of de‘l‘ermining the social sm‘rus of any individual of fhe 5mm; whereas; fine funcfionsand powers of ‘ihe Commission is 1‘0 ocf as wofchdog Commission for fhe profecfion of righfs afforded To The members of fhe Scheduled Tribes under f'ne Consfi‘rufion of India and under any other low; From perusal of Seci'ion 9 of The Ac‘ri 1995 if is clear fhof fhe func‘i‘ion offheCommission is ‘l’o recommendai’ory and advisory in nofure pnofecfThe inferesf of fhe Scheduled Tribes in various fieids and i’rs ads/ice is ordinarilv, bindingu-l uponr The 5ToTe Government
1E-e.- ~r> Sd/Dhirendra Misiu‘a Judge
2 issues framed by the court
Whether the State can verify a Scheduled Tribe social status certificate issued by the Commission without cause.
Whether issuance of a show-cause notice without opportunity to cross-examine constitutes harassment.
2 provisions across 2 enactments
Jiwon Liviengsfone
Chhattisgarh
The Commissioner
Dhirendra Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
