- (1.) With the help of this writ petition, made under Article 226, the petitioner, who holds a caste certificate acknowledging him as a member of the Scheduled Caste, has sought to get set aside and quashed, inter alia, the Memorandum, dated 05.12.2005, issued by the Under Secretary to the Govt. of Tripura, General Administration (Personnel & Training) Department, whereby a departmental proceeding is sought to be initiated against the petitioner on the ground that he has submitted a false caste certificate for the purpose of obtaining appointment in the Indian Administrative Service (in short, 'the IAS'). By this writ petition, the petitioner is also seeking setting aside and quashing of the Memorandum, dated 10.05.2006, issued by Under Secretary to the Govt. of Tripura, General Administration (Personnel & Training) Department, whereby the petitioner has been directed to respond to the show cause notice, issued to him under the earlier Memorandum, dated 05.12.2005, aforementioned, the First Information Report (in short, 'FIR') as well as the charge-sheet filed by the Central Bureau of Investigation (in short, 'the CBI') against the petitioner and some others under various penal provisions of law.
(2.) The petitioner, Abhishek Chandra, earlier known as Sachin Pramod Besarya, was born on 27.11.1975. His father, late PC Bisarya, joined Indian Police Service, on 11.11.1973, as a candidate of General category, the petitioner's mother's name being Majula Bisarya. The petitioner's brother, Abhinav Chandra, earlier known as Nitin Pramod Besarya, born on 30.12.1976, is also a member of the IAS.
(3.) By an order, dated 04.07.89, (Annexure P/9), the Tehsildar (i.e., Sub-Deputy Collector), Pune, issued a certificate that the present petitioner belongs to Scheduled caste community. Similar certificate was issued, on 21.08.1990, by the Tehsildar (i.e., Sub-Deputy Collector), Pune, in favour of the petitioner's said younger brother. This was followed by a scrutiny and verification of the scheduled caste status of the petitioner and, upon such scrutiny and verification, a Certificate of Validity community was issued, on 15.06.91, jointly by the Joint Director, Social Welfare (CV) M.S., Pune, and Deputy Director, Social Welfare, (CV) M.S., Pune. In the year 2002, the petitioner, having been emerged successful, as a Scheduled caste candidate, in the IAS, was appointed to the IAS (Manipur and Tripura Cadre).;