- (1.) WE have heard learned counsel for parties and perused the pleadings of writ petition; averments of affidavits and other connected documents. The petitioner has assailed the order dated 17.11.2010, passed by Sub Divisional Magistrate, Dhanghata, district Sant Kabir Nagar, whereby the caste certificate dated 31.5.2000 issued by Tehsildar, Dhanghata, has been cancelled allegedly without giving opportunity to show -cause. It is submitted by learned counsel for the petitioner that in terms of Government Order dated 5.1.1996, a caste certificate has to be issued by the competent authority and the power of verification has been given to the Scrutiny Committee. Para -3 of the Government order is reproduced as:
(2.) LEARNED counsel during the course of arguments also referred to a latest Government Order dated 28.2.2011, whereby now the District Level Committee headed by the District Collector has been given power to issue the caste certificate after proper verification in terms of the judgment of Hon'ble the Apex Court in the matter of Km. Madhuri Patil v. Additional Commissioner Tribunal Development, : (1994) 6 SCC 241. As per the judgment the certificate issued by the competent authority can be cancelled on the ground as permissible under law by the State Level/District Level Scrutiny Committee as the case may be. Learned counsel also submitted that the impugned cancellation order was issued on a gazetted holiday, and thus, there was a non application of mind.
(3.) ON the other hand, learned State Counsel, while referring to averments made in counter -affidavit, submitted that since the certificate itself was illegal, for, it is a forged document, it was not felt necessary to await the response of the petitioner. However, a show -cause notice was issued, which the petitioner alleged to have not been served. Shri Rakesh Pandey, learned counsel, appearing for the complainant contends that from the format of the certificate it is obvious that the document is a forged one. At the bottom of format there is a reference to website, which was launched only in 2005 and that format was prescribed and applied only thereafter. It is also a submission of Shri Pandey that the petitioner is occupying the statutory post of Chairman, Zila Panchayat on the strength of the forged caste certificate, and thus, the impugned order does not require any interference.;