The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C )No.10524 of 2025 Gabriel Nayak …. Petitioner Mr. S.K. Lenka, Adv. -versus- State of Odisha & Others …. Opp. Parties Mr. S.K. Jee, AGA COROM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. 5 ORDER 18.06.2025 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed by the Petitioner inter alia challenging order dt.31.01.2025 so passed by Opp. Party No.3 under Annexure-3 in FCC No.326 of 2010. Vide the said order, Opp. Party No.3 while directing for cancellation of the Caste Certificate issued in favour of the Petitioner on 27.04.1976 also directed to take various penal action against the Petitioner. 4. It is the case of the Petitioner that Petitioner was issued with the Caste certificate showing him as belonging to Scheduled Caste by the District Welfare Officer, Phulbani vide Memo No.1555 dt.27.04.1976. It // 2 // is contended that in terms of the certificate so issued in favour of the Petitioner, Petitioner entered into service as a Forest Guard on 29.07.1976 having belong to Scheduled Caste Category. 4.1. It is contended that after entering into service as having belong to Scheduled Caste Category on 29.07.1976, Petitioner converted to Christianity in the year 1982. Not only that, Petitioner subsequently was promoted as a Forester in the year 2010 having belong to General Category. It is also contended that save and except getting the benefit of entering into service as a Scheduled Caste category candidate, Petitioner has not availed any further benefit having belong to such Scheduled Caste category nor any of his family members have availed any benefit as having belong to Scheduled Caste category. 4.2. It is contended that while the matter stood thus, the proceeding in question in FCC No.326 of 2010 was initiated in the file of Opp. Party No.3 basing on the report submitted by the I.I.C, G. Udayagiri Police Station on 31.08.2009. Even though Petitioner filed his reply but without following the principles of natural justice and the guideline issued in the case of Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development, Thane and Others, (1997) 5 SCC 437, the impugned order was passed on 21.01.2025 under Annexure-3 with a direction to cancel Page 2 of 7 // 3 // the certificate so issued on 27.04.1976 and with a further direction to take penal actions against the Petitioner. 4.3. Learned counsel appearing for the Petitioner contended that since Petitioner after availing the benefit of service by utilizing the certificate on 29.07.1976 never availed any further benefit as a reserved category candidate nor any of his family members have availed any benefit as having belong to Scheduled Caste category, no proceeding could have been initiated against the Petitioner in the year 2010 with passing of the impugned order on 21.01.2025 under Annexure-3. It is also contended that basing on the report submitted though the proceeding was initiated in the year 2010, but Petitioner was never provided with the documents enabling him to file his reply. It is accordingly contended that since the documents basing on which the proceeding was initiated were never provided to the Petitioner, it amounts to non-compliance of the principle of natural justice. Not only that, Petitioner even though retired from his services on attaining the age of superannuation in the year 2011, but he is deprived to get the benefit of pension and other pensionary benefits because of the initiation of the proceeding and the impugned order passed under Annexure-3. 4.4. Making all these submissions learned counsel appearing for the Petitioner contended that the Page 3 of 7 // 4 // impugned order is not sustainable in the eye of law and it requires interference of this Court. 5. This Court taking into account the stand taken in the Writ Petition passed the following order on 01.05.2025. Order dt.01.05.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties.
Legal Reasoning
3. Pursuant to the earlier order passed by this Court, learned counsel for the Petitioner produced the caste certificate issued in his favour, which is the subject matter of dispute before the State Level Scrutiny Committee before the Court today. The same be kept in record. 4. Considering the nature of order passed and the ground of challenge made thereto, this Court directs learned Addl. Government Advocate for the State to produce the record of FCC Case No.326 of 2010. 5. As requested, list this matter on 15th May, 2025. I.A. No.6046 of 2025 1. Heard. In the 2. interim, there shall be stay of operation of the order dtd.21.01.2025 so passed by the State Level Scrutiny Committee under Annexure-3 till the next date. 6. Pursuant to the order passed on 01.05.2025, learned Addl. Govt. Advocate produced the records in FCC No.326 of 2010 before the Court. Basing on the Page 4 of 7 // 5 // record, learned Addl. Govt. Advocate contended that on receipt of the report from the I.I.C, G. Udayagiri P.S, vide letter No.763 dt.31.08.2009, the proceeding in question was initiated against the Petitioner before Opp. party No.3 in FCC No.326 of 2010. Petitioner vide letter dt.06.08.2011 was issued with the show-cause along with the report and its enclosures. On receipt of the show-cause, Petitioner also filed his reply on 19.08.2011. It is contended that in the proceeding so initiated, Petitioner after filing his reply to the show- cause was examined on 27.05.2015. In the said examination, Petitioner clearly admitted that he belongs to Christian community having converted to Christianity in the year 1982. However, he clearly admits that his father belongs to Christian community and his marriage held in the year 1975 was also made as per Christian rites and customs. It is also admitted by the Petitioner in the deposition that in the School Admission Register, Petitioner’s caste was indicated as “Pana Christian”. 6.1. Taking into account the evidence led by the Petitioner in which he admits himself having belong to Christian community, no illegality or irregularity can be found with the impugned order so passed by Opp. Party No.3 under Annexure-3. 6.2. It is contended that once Petitioner admits himself having belong to Christian community, it is to be presumed that the Caste Certificate obtained by him Page 5 of 7 // 6 // vide Memo No.1555 dt.22.04.1976 is an illegal document and benefit received by the Petitioner by utilizing the said certificate is required to be recalled. It is also contended that since Petitioner on the face of such admission as having belong to Christian community obtained the certificate by showing him having belong to Scheduled Caste category on 22.04.1976 and got the benefit of service as a Forest Guard where he joined on 29.07.1976, Petitioner is not eligible and entitled to get any benefit by utilizing the certificate and the same has been rightly cancelled by Opp. Party No.3. It is also contended that Petitioner all through was provided with opportunity of hearing by the Committee and Petitioner without any objection after receipt of the show-cause filed his reply. After filing of his reply without any objection, no stand can be taken that the show-cause was issued without enclosing the reports and documents enclosed thereto. It is accordingly contended that no illegality or irregularity can be found with the impugned order. 7. Having heard learned counsel for the parties and considering the submission made, this Court finds that the proceeding in FCC No.326 of 2010 was initiated before Opp. party No.3 with the allegation that the Caster Certificate issued in favour of the Petitioner vide memo No.1555 dt.27.04.1976 is a fraudulent one. As found in the certificate so obtained by the Petitioner, he Page 6 of 7 // 7 // was shown as having belong to Scheduled Caste community. It is not disputed by the Petitioner that by utilizing the said Certificate, he entered into the service as a Forest Guard on 29.07.1976. 7.1. This Court after going through the record of FCC No.326 of 2010, more particularly, the statement of the Petitioner so recorded before the Committee on 27.05.2015 is of the view that Petitioner does not belong to Scheduled Caste community and the same is an admitted fact. Therefore, this Court on the face of such clear admission made by the Petitioner finds no illegality or irregularity with the impugned order and is not inclined to interfere with the same. 7.2. However, since Petitioner by utilizing the certificate entered into the service on 29.07.1976 and retired while continuing as such in the year 2011, this Court only observe that no penal action be taken against the Petitioner with regard to initiation of any criminal proceeding. 7.3. The Writ Petition stands disposed of with the aforesaid observation and direction. Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authenticatin of order Location: high court of orissa, cuttack Date: 20-Jun-2025 16:29:12 sangita (Biraja Prasanna Satapathy) Judge Page 7 of 7