- (1.) Heard Shri L.P. Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The petitioner was issued a caste certificate of 'Gond' by respondent no. 3, Tehsildar, Sadar, Ghazipur duly countersigned by respondent no. 2, District Magistrate, Ghazipur on 18.10.2003. The said 'Gond' caste has been declared as Scheduled Tribes by the State of U.P. by Government Order dated 03.07.2003 amending the list of Scheduled Caste and Scheduled Tribes contained in Government Order dated 10.07.1986 in compliance of the Scheduled Caste and Scheduled Tribes Order (Amendment) Act, 2002.
(3.) On the strength of the caste certificate issued to the petitioner, he was appointed as Chowkidar on 12.07.2006 and posted in the office of Chief Commissioner of Income Tax, XVII, Laxmi Nagar, New Delhi. Respondent no. 4, Income Tax Officer, Head Quarters, Personnel, Office of Chief Commissioner of Income Tax sent the caste certificate of the petitioner for verification to respondent no. 3, Tehsildar, Sadar, Ghazipur. Respondent no. 3 is alleged to have conducted some ex parte inquiry behind the back of the petitioner without any notice or knowledge to him, on the basis of whereof, he informed respondent no. 4 that petitioner has been found to be a member of 'Bhadbhujiya' caste, which is a backward caste and the caste certificate issued to him has been cancelled. On receipt of the said information from respondent no. 3, respondent no. 4 issued a show cause notice dated 25.06.2008 and served upon the petitioner a copy of the order dated 14.03.2008 cancelling the caste certificate issued to the petitioner.;