- (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) BY means of present writ petition, the petitioner has challenged the impugned order dated 08.02.2008 passed by the respondent no.3, by which the appointment of the petitioner dated 22.11.2007 has been cancelled, and thereby the petitioner has been removed from service.
(3.) THE brief facts of the case that the petitioner is member of the Scheduled Tribe and belongs to Gond caste, which has been notified to be a Scheduled Tribe under the Constitution (Schedule Tribes) (Utter Pradesh Order 1967) and also as per the amended Act of 2002, published in Gazette of India dated 8th January, 2003. The petitioner applied to the Tehsildar Jakhaniya, Ghazipur for issuance of caste certificate in the prescribed proforma certifying his status as a member of the Scheduled Tribes of Gond under the Scheduled Tribes Uttar Pradesh Order, 1967. After verification of the petitioner's status, the Tehsildar Jakhaniya, Ghazipur had issued the caste certificate dated 17.01.2004, which has been brought on record as Annexure No.2 to the present writ petition. It transpires from the record that respondent no.5 without affording any opportunity of hearing to the petitioner had proceeded to cancel the caste certificate dated 17.01.2004 and finally vide order dated 10.01.2008 had cancelled the caste certificate. Aggrieved with the said illegal action on the part of the respondent no.5, the petitioner had preferred Civil Misc. Writ Petition No. 14773 of 2008 (Bindra Prasad Gond Vs. State of U.P. and others). The said writ petition had been disposed of by the Division Bench of this Court vide order dated 23.05.2008 with the direction to the respondent no.3 i.e. Tehsildar Jakhaniya, Ghazipur to pass a fresh order in accordance with law after affording an opportunity to the petitioner.;