BIMAL CHANDRA SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for quashing the summons dtd. 7/6/2022 and 16/6/2022 issued by the Member-Secretary, State Level Scrutiny Committee-the respondent No.4.

(2.) It is the case of the petitioner that the petitioner belongs to Namasudra Community and in the year 1981 the Scheduled Caste certificate has been issued in favour of the petitioner. Since then, he is utilizing the said certificate for all legitimate purposes. All on a sudden, in the year 2005, in course of verification of his caste status vigilance cell of the SLSC conducted enquiry and submitted verification report holding that the petitioner belongs to SC community. Despite that, in the year 2015, the SLSC issued show cause notice to the petitioner as to why his SC certificate shall not be cancelled. In reply, the petitioner has stated that in view of the vigilance report which is in his favour further proceeding is forbidden in terms of Rule 7A(5) of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992. Again, all on a sudden another summons/notices have been issued on 7/6/2022 and 16/6/2022 which is impermissible in terms of the mandate of the Rule 7A(5) of the Rules, 1992. Against all notices the petitioner has submitted his reply. The final decision is yet to be passed.

(3.) Recently, the respondents, State Level Committee has issued a summon calling upon the petitioner to appear before the Committee for verification and the said date of hearing has been scheduled on 14/6/2022 at 3 p.m. in the chamber of the Chairman, State Level Scrutiny Committee (Special Secretary, SC Welfare Department), New Secretariat Building, Capital Complex, 2nd Floor, Block No.5 and 6, Room No.6204. A representation has been made on behalf of the petitioner and sought for an adjournment and the same was accommodated and the next date was fixed on 29/6/2022 at 3 p.m. along with a lawyer in the chamber of the Chairman, State Level Scrutiny Committee (Special Secretary, SC Welfare Department), New Secretariat Building, Capital Complex, 2nd Floor, Block No.5 and 6, Room No.6204. Aggrieved thereby, the present writ petition has been filed.