SHIPRA DEBBARMA Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-4-21
HIGH COURT TRIPURA
Decided on April 06,2021

Shipra Debbarma Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

AKIL KURESHI,J. - (1.) These appeals arise out of a common judgment of the learned Single Judge dated 01.06.2017 in WP(C) No.566 of 2016 and connected petitions. Facts involved in both petitions overlap. These appeals have therefore been heard together and would be disposed of by this common judgment.
(2.) Brief facts are as under : Writ Appeal No.03 of 2018 is filed by one Shipra Debbarma original petitioner of WP(C) No.566 of 2016. She had obtained a caste certificate dated 31.01.1981 of belonging to Scheduled Tribe (Tripuri) Community. On such basis she got appointment as Lower Division Clerk (LDC) in the Government in the year 1992. On 12.05.1995 ADM and Collector, West Tripura had initiated an inquiry about the correctness of her caste certificate by issuing a show-cause notice. Petitioner appeared before the said authority and filed the reply. This inquiry did not proceed any further thereafter. Yet another notice dated 11.06.2004 was issued by SDM, Udaipur to appear before him with all original documents pertaining to her caste. Petitioner appeared in response to such notice. This inquiry also did not proceed further thereafter. On 02.11.2004 Inquiry Officer of Vigilance Cell issued a notice to the petitioner to appear on 06.11.2004 with original certificates. The petitioner appeared. A show-cause notice was issued on 22.02.2005 by State Level Scrutiny Committee (SLSC, for short) why her caste certificate should not be cancelled. On 23.08.2006 SLSC passed an order cancelling the petitioner's caste certificate. This was challenged by the petitioner in WP(C) No.426 of 2006. By a common judgment dated 16.09.2015 passed by the learned Single Judge, the petitioner was allowed with no further liberty to the SLSC to examine the question further. This judgment was challenged in Writ Appeal No.24 of 2014. Again by a common judgment dated 16.07.2015 the Division Bench though agreed with the view of the learned Single Judge that the order of cancellation of caste certificate of the petitioner was unsustainable, did not agree that the proceedings should be permanently be terminated and therefore remanded the proceedings for fresh consideration.
(3.) In this judgment, the Division Bench made following directions : '19 Therefore, though, we are in agreement with the learned Single Judge that the order of the SLSC was bound to be set aside, we are in respectful disagreement with regard to his finding that the matter should not be remanded to the SLSC. We, therefore allow the appeals of the State to this limited extent and remand all the cases to the SLSC who shall now proceed with the matter from the stage of the reply filed to the show cause notices. The SLSC shall permit the petitioners to cross'examine the witnesses examined by the Inquiry Officer. It shall also permit the petitioners to examine any witnesses, if they so desire or to produce any other documents. In case, the petitioners lead evidence then the State shall also be given an opportunity to produce evidence to the contrary. This exercise must be completed on or before 28th February, 2016. All the petitioners are directed to appear before the SLSC on 12th August, 2015. The Registrar General is directed to send a copy of this judgment to the SLSC and the members of the SLSC are directed to ensure that in all cases in the future they follow the law laid down by this Court.' ;


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