S.Chidambaram, v. the Chairman
Case brief
What is this about?
Petition challenging cancellation of community certificate by State Level Scrutiny Committee held that committee violated statutory procedure by failing to issue show cause notice and hold hearing when report showed options were procured or found false, as per Government Order 2012.
What did the court decide?
Petitioner treated as served with show cause notice to submit explanation; Committee directed to consider explanation, afford personal hearing, and pass fresh orders on merits within three months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN
WP.(MD) No.22991 of 2016 and WP.M.P.(MD) No.16465 of 2016
S.Chidambaram ... Petitioner
-vs-
1.The Chairman, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Namakkal Kavignar Maaligai, Secretariat, Chennai
2.The Deputy Superintendent of Police, Adi Dravidar and Tribal Welfare Department, Vigilance Cell, Madurai Region, Madurai.
3.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 4.The Additional Commissioner of Customs, O/o.the Commissioner of Customs House, New Harbour Estate, Tuticorin. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari, to call for the records pertaining to the impugned order passed by the 1st respondent in Proceedings No.14591/CV-2/2012-9, dated 09.09.2016, quash the same.
Issues for consideration
2 issues framed by the court
Whether the State Level Scrutiny Committee can cancel a community certificate without following the mandatory procedure under para 10(iii) of G.O.Ms.No.106/2012 when the Vigilance Officer's report fou
Whether the committee was empowered to rule on the genuineness of the certificate without issuing a show cause notice and affording an opportunity of personal hearing as mandated by the Government Ord
Parties & counsel
- petitioner
S.Chidambaram
- respondent
The Chairman, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department
- respondent
The Deputy Superintendent of Police, Adi Dravidar and Tribal Welfare Department
- respondent
The Revenue Divisional Officer, Tenkasi
- respondent
The Additional Commissioner of Customs
Case details
As recorded by the court registry
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