The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) Nos. 12398 & 32491 of 2024 WP(C) No. 12398 of 2024 Goura Chandra Dora ..... State of Odisha & Ors. ..... -versus- Petitioner Mr. D. Mishra, Advocate Opposite Parties Mr. A. Tripathy, AGA Mr. M.K. Pati, Sr. P.C. (Opp. Party Nos. 5 & 6 in W.P.(C) No. 32491 of 2024) THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM: ORDER 20.06.2025 Order No. 02 1. This matter is taken up through hybrid mode. 2. Heard Mr. D. Mishra, learned counsel appearing for the Petitioner, Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the State and Mr. M.K. Pati, learned Sr. Panel Counsel appearing for Opp. Party No. 6 in W.P.(C) No.32491 of 2024. 3. Since both the writ petitions are interlinked, both were heard analogously and disposed of by the present common order. 4. Learned counsel for the Petitioner contended that after due consideration of the matter, Petitioner was issued with the caste certificate under Annexure-1 by Opp. Party No. 4 in Misc. Certificate Page 1 of 15. Case No. 133/1997 vide Annexure-1 in W.P.(C) No. 12398 of 2024. 4.1. It is contended that by utilising the certificate so issued in Misc. Certificate Case No. 133/1997, Petitioner was provided with appointment under East Coast Railway. However, while so continuing, a notice was issued on 15.02.2007 under Annexure-2 in W.P.(C) No. 12398 of 2024, proposing to terminate the Petitioner from his service on the ground that certificate issued in favour of the Petitioner in Misc. Certificate Case No. 133/1997 has been cancelled vide order passed in Misc. Case No. 5/05. 4.2. Petitioner when enquired about the same and came to know that the certificate issued in his favour has been cancelled by the Tahasildar, Bargarh vide order passed in Misc. Case No. 5/05 and that too without providing any opportunity of hearing to the Petitioner, Petitioner challenging the same moved the Sub-Collector, Bargarh in Misc. Certificate Appeal No. 4 of 2007. 4.3. Sub-Collector, Bargarh vide order dtd.19.02.2007 while admitting the appeal, stayed the cancellation of the certificate so passed in Misc. Case No. 5/05 by the Tahasildar, Bargarh and called for the LCR. Not only that in the meantime considering the application submitted by the Petitioner, Petitioner was issued with a fresh caste certificate as per the order passed in Misc. Certificate Case Page 2 of 15. No. E-STO/2023/620238 on dtd.02.09.2023 under Annexure-5 in W.P.(C) No. 12398 of 2024. But, subsequently the self-same certificate when was shown as cancelled vide Annexure-7 to the said writ petition, challenging such cancellation of the certificate under Annexure-7, W.P.(C) No. 12398 of 2024 was filed inter alia with the following prayer:- “Under the aforesaid facts and circumstances, it is, therefore, prayed that this Hon’ble Court may be graciously pleased to issue a ’Rule-Nisi’ calling upon the Opposite Parties to show-cause as to why a writ in the nature of mandamus or any other appropriate writ or writs shall not be issued holding and declaring the entire action of the Tahasildar, Bargarh, the Opposite Party No.4 in hoisting in the website the caste certificate of the petitioner to be cancelled without initiation of any corresponding legal proceeding and without notice to the petitioner is without authority of law, void and consequentially quash Annexure- 7 and consequentially declare Annexure-5 to be legal, valid and operative and if the Opposite parties fail to show-cause or show insufficient cause make the sake rule absolute. Pass such other order/orders and/or writ/writs as this Hon’ble Court ma deem fit and proper. And for this act of your kindness, the petitioner shall ever pray.”
Legal Reasoning
4.4. It is contended that this Court while issuing notice of the matter vide order dtd.16.05.2024, stayed the cancellation of the certificate so issued under Annexure-7 and in terms of the order, Petitioner was Page 3 of 15. allowed to continue. However, when a counter affidavit was filed in the said writ petition by Opp. Party Nos. 2 to 4, Petitioner came to know that appeal filed by the Petitioner in Misc. Certificate Appeal No. 4/2007 has been dismissed vide order dtd.23.05.20207 under Annexure-B/4. Accordingly, challenging the order so passed on 23.05.2007, W.P.(C) No. 32491 of 2024 was filed with the following prayer:- “Under the aforesaid facts and circumstances, it is, therefore, prayed that this Hon’ble Court may be graciously pleased to issue a ’Rule-Nisi’ calling upon the Opposite Parties to show-cause as to why a writ in the nature of mandamus or any other appropriate writ or writs shall not be issued holding and declaring the entire action of the Tahasildar, Bargarh, the Opposite Party No.4 in cancelling the case certificate of the petitioner dtd. 07.07.1997 (copy of which has not been served) and dismissal of appeal thereupon under Annexure 9 are being contrary to Madhuri Patil’s case are void ab initio, non-est and consequentially quash the same and if the Opposite parties fail to show- cause or show insufficient cause make the sake rule absolute. AND Pass such other order/orders and/or writ/writs as this Hon’ble Court may deem fit and proper. And for this act of your kindness, the petitioner shall ever pray.” Page 4 of 15. 4.5. Learned counsel for the Petitioner contended that after issuance of the certificate under Annexure-1 in Misc. Certificate Case No. 133/1997, Petitioner was never issued with any notice showing initiation of the proceeding in Misc. Case No. 5/05 in the file of Tahasildar, Bargarh seeking cancellation of the said certificate. 4.6. However, when Petitioner came to know about the same after being communicated with the notice dtd.15.02.2007 by the authorities of East Coast Railway under Annexure-2, Petitioner on verification when found that the certificate so issued in Misc. Certificate Case No. 133/1997 has been cancelled as per the order passed in Misc. Case No. 5/05, he moved the appellate authority i.e. Sub-Collector, Bargarh by filing Misc. Certificate Appeal No. 4 of 2007. In the said appeal the appellate authority vide order dtd.19.02.2007 admitted the appeal and passed an interim order staying the operation of the order of cancellation in Misc. Case No. 5/05. 4.7. However, subsequently, without providing any opportunity of hearing, the appeal was dismissed vide order dtd.23.05.2007 which is the subject matter of challenge in W.P.(C) No. 32491 of 2024. It is contended that as reflected in order dtd.23.05.2007, prior to receipt of
Decision
the LCR in Misc. Case No. 5/05, the appeal was disposed of without hearing the engaged counsel of the Petitioner. Page 5 of 15. 4.8. It is contended that in the appeal so filed by the Petitioner, a specific stand was taken that no notice was ever issued by the Tahasildar in Misc. Case No. 5/05 prior to cancelling the certificate so issued under Annexure-1. The grounds taken in the appeal read as follows:- “A. For that the impugned orders passed in Misc. Case No. 5 of 2005 are illegal, improper, unwarranted, without jurisdiction and contrary to the facts on record and are liable to be set aside. B. For that all the orders in Misc. Case No. 5 of 2005 have been passed behind the back of the appellant without due service of notice. C. For that while passing the impugned orders the appellant has not been given an opportunity of hearing, which violates the principle of natural justice. D. For that the learned Tahasildar has not conducted any enquiry and has arbitrarily cancelled the caste certificate did. 7.7.1997 after lapse of more than 9 years. E. For that though the case record of and the caste certificate issued in Misc. Certificate Case No. 133 of 1997 clearly indicate that the appellant is a permanent resident of Village Dang. Post: Dang under Bargarh PS, no notice has been issued to the appellant either in his permanent address at village Dang or in his place of work at Titilagarh. F. For that the impugned orders are otherwise also bad in law and are liable to be set aside.” Page 6 of 15. 4.9. It is contended that on the face of the grounds taken in the appeal and without affording any opportunity of hearing and that too prior to receipt of the LCR in Misc. Case No. 5/05, Sub-Collector, Bargarh dismissed the appeal vide order dtd.23.05.2007. Order dtd.23.05.2007 reads as follows:- “This appeal has been preferred by the appellant Shri Goura Chandra Dora S/o Ganesh Ram Dora of Dang P.S./Dist. Bargarh through his advocate Shri Debadatta Mishra U/s- 8(i)(a) of Misc. Certificate Rules-1984 against the order passed by the Tahasiıdar, Bargarh in Misc .Case No. 5 of 2005. 2. The case of the appellant is that he belongs to ‘Konda Dora’ caste and he had applied for a caste certificate before the Tahasildar, Bargarh. After due enquiry and verification the Tahasildar, Bargarh had issued a Caste certificate vide Misc. Case No. 133 of 1997 on dt.7.7.1997 to the effect that the applicant belongs the scheduled Tribe Community by caste "Konda Dora". 3. The Tahasildar, Bargarh in Misc. Case No. 5 of 2005 has cancelled the certificate issued in favour of the appellant in Misc. Certificate Case No. 133 of 1997 without giving any opportunity of hearing to the appellant and passed the order behind the back of the appellant. No notice was served on him as stated in the petition. Page 7 of 15. 4. The Tahasildar, Bargarh has not yet submitted the LCR bearing Misc. Case No. 5 of 2005 to this Court. Rather informed vide his Letter No. 1391/at. 14.5.07 that the LCR will be submitted in future if available and it is now not readily available. 5. Section-9 of the Orissa Caste Certificate (for scheduled castes and scheduled Tribes) Rules-1980 reads as follows. "Any person aggrieved by an order passed by a competent authority sub-ordinate to that of District Magistrate/Collector may preferred an appeal before the District Magistrate/Collector concerned and to the concerned Revenue Divisional Commissioner where the original order is passed by the District Magistrate/Collector within a period of 30 days of passing of such order. The order passed by the District Magistrate of the Revenue Divisional Commissioner on such appeal/petition shall be final ". Hence, as per the provision of Section-9 of the Orissa Caste Certificate (for scheduled Castes and Scheduled Tribes) Rules 1980 this Court is not the competent Court for filing appeal against the order passed by the Tahasildar and it is not under the jurisdiction of the Court to hear any appeal and entertain any appeal. Page 8 of 15. Hence, the appeal preferred by the appellant is rejected on the ground of the jurisdiction and the appellant is directed to approach the competent authority for redressal of his grievance. With the above observation this appeal is disposed off.” 4.10. It is accordingly contended that since certificate issued in favour of the Petitioner under Annexure-1 was cancelled by the Tahasildar in Misc. Case No. 5/05 without following the principle of natural justice, the same was challenged before the appellate authority i.e. Sub-Collector, Bargarh and with the plea that Petitioner was never given an opportunity of hearing in Misc. Case No. 5/05 with issuance of any notice also. On the face of such ground taken in the appeal, the appellate authority prior to receipt of the LCR in Misc. Case No. 5/05 and without hearing the engaged counsel though disposed of the appeal vide order dtd.23.05.2007 on the ground of jurisdiction, but without giving opportunity of hearing. 4.11. The said order was also never communicated to the Petitioner nor to the engaged counsel and Petitioner was kept in complete dark. Not only that on the face of such order passed by the appellate authority on 23.05.2007, when Petitioner made a fresh application to get a new certificate, the same was also issued by the Tahasildar on 02.09.2023 under Annexure-5 in W.P.(C) No. 12398 of 2024. But the Page 9 of 15. said certificate issued on 02.09.2023 when was shown as cancelled vide Annexure-7, the same was challenged by filing W.P.(C) No. 12398 of 2024. 4.12. Learned counsel for the Petitioner in both the cases accordingly contended that since certificate issued under Annexure-1 in Misc. Certificate Case No. 133/1997 has been cancelled without issuance of any notice and without providing any opportunity of hearing to the Petitioner, as per the order passed by the Tahasildar in Misc. Case No. 5/05, the same is a nullity in the eye of law. Not only that appeal preferred by the Petitioner against such order passed by the Tahasildar though was dismissed on the ground of jurisdiction, but without following the principle of natural justice as will be evident from order dtd.23.05.2007. It is accordingly contended that not only the order passed in Misc. Case No. 5/05 is illegal but also order dtd.23.05.2007 so passed in Misc. Certificate Appeal No. 4 of 2007. Accordingly, it is contended that prayer made in both the writ petitions needs to be allowed by this Court. 5. Mr. A. Tripathy, learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the counter affidavit so filed by Opp. Party Nos. 2 to 4 in W.P.(C) No. 12398 of 2024. Basing on the stand taken in the counter affidavit it is contended that Page 10 of 15 . by utilising the certificate issued in favour of the Petitioner in Misc. Certificate Case No. 133 of 1997 Petitioner was appointed in East Coast Railway. 5.1. However, as per the order passed in Misc. Case No. 5/05 certificate issued in favour of the Petitioner in Misc. Certificate Case No. 133 of 1997 was cancelled. Basing on the query made by the authority of East Coast Railway vide letter dtd.24.10.2006 under Annexure-F/4, Tahasildar, Bargarh intimated the Chief Enquiry Officer, East Coast Railway regarding the cancellation of the certificate of the Petitioner as per order passed in Misc. Case No. 5/05. 5.2. Petitioner basing on such letter issued by the Tahasildar on 24.10.2006 when was issued with a notice by the authority of East Coast Railway proposing therein to terminate him from service, Petitioner challenging the order passed in Misc. Case No. 5/05 moved the Sub-Collector, Bargarh by fling Misc. Certificate Appeal Case No. 4 of 2007. 5.3. Even though the appellate authority vide order dtd.19.02.2007 admitted the appeal and stayed the operation of the order of cancellation passed in Misc. Case No. 5/05, but the said appeal was dismissed vide order dtd.23.05.2007 under Annexure-B/4 on the ground that Sub-Collector, Bargarh is not the appellate authority. It is Page 11 of 15 . further contended that order passed by the Sub-Collector on 23.05.2007 was never assailed by the Petitioner and accordingly it attained finality. 5.4. However, on the face of such cancellation of the certificate when Petitioner made an online application to obtain a fresh certificate, the same was wrongly issued vide Annexure-5 in Misc. Certificate Case No. E-STO/2023/620238 on 02.09.2023. After issuance of the said certificate when it came to the knowledge of the Tahasildar that the certificate issued has already been cancelled, which has been upheld by the Sub-Collector vide order under Annexure-B/4, the said certificate was shown as cancelled so enclosed vide Annexure-7. It is accordingly contended that since the cancellation of the certificate made by the Tahasildar as per the order passed in Misc. Case No. 5/05 stood confirmed with dismissal of the appeal vide order dtd.23.05.2007 of the Sub-Collector, Bargarh and the said order was never assailed by the Petitioner, Petitioner is not eligible and entitled to get any relief as prayed for. 5.5. It is also contended that Petitioner obtained the certificate under Annexure-1 by suppressing material fact and on verification it was found that the Petitioner does not belong to ST community as per the report submitted by the R.I., Bargarh on 02.05.2024. It is accordingly Page 12 of 15 . contended that no illegality or irregularity can be found with regard to cancellation of the certificate so issued under Annexure-1. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that basing on the order passed in Misc. Certificate Case No. 133 of 1997, Petitioner was issued with the caste certificate on 07.07.1997 under Annexure- 1. By utilizing the said certificate Petitioner got an appointment in East Coast Railway. 6.1. Basing on the order passed in Misc. Case No. 5/05 wherein the caste certificate is alleged to have been cancelled, Petitioner when was issued with a notice by the authority of East Coast Railway on 15.02.2007, Petitioner on verification when found that the caste certificate has been cancelled as per order passed in Misc. Case No. 5/05, challenging the same filed Misc. Certificate Appeal No. 4 of 2007 before the Sub-Collector, Bargarh. 6.2. As found from the record while admitting the appeal vide order dtd.19.02.2007, cancellation of the certificate was stayed. But as found from the record prior to receipt of the LCR in Misc. Case No. 5/05 and the stand taken by the Tahasildar that the record in Misc. Case No. 5/05 is not available in his office, the appeal was dismissed vide order dtd.23.05.2007 on the ground of jurisdiction. This Court Page 13 of 15 . after going through order dtd.23.05.2007 finds that neither the engaged counsel nor Petitioner has been heard by the Sub-Collector prior to dismissal of the appeal, even on the ground of jurisdiction. 6.3. Not only that taking into account the stand taken in the appeal that Petitioner was never noticed nor given an opportunity of hearing prior to cancellation of the certificate in Misc. Case No. 5/05, as per the considered view of this Court in absence of the record in Misc. Case No. 5/05, the appeal could not have been disposed of on the ground of jurisdiction and the matter could have been transferred to the Collector, Bargarh for disposal of the appeal on merit. 6.4. Considering the grounds taken in the appeal and the nature of order passed by the Sub-Collector on 23.05.2007, this Court is inclined to quash the said order. While quashing order dtd.23.05.2007, this Court remits the matter to the Sub-Collector, Bargarh and with a direction to transfer the records of Misc. Certificate Appeal Case No. 4 of 2007 to the court of Collector, Bargarh. 6.5. This Court further observes that records of Misc. Case No. 5/05 be called for and only after receipt of the record in Misc. Case No. 5/05 and by giving due opportunity of hearing to the Petitioner, the appeal be disposed of by Collector, Bargarh in accordance with law. Page 14 of 15 . Since this Court is inclined to quash order dtd.23.052007 so passed in the appeal, cancellation of the certificate issued under Annexure-7 in Misc. Case No. E-STO/2023/620238 also stands quashed. Till a decision is taken in the appeal by the Collector, Bargarh as directed, the caste certificate issued in favour of the Petitioner under Annexure- 1 in Misc. Case No. 133 of 1997 shall remain operative. Petitioner is directed to provide a copy of this order before Opp. Party No. 3 within a period of seven (7) days from the date of receipt. 7. Both the writ petitions are accordingly disposed of with the aforesaid observation and direction. Photo copy of the order be placed in the connected case record. Sneha (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 24-Jun-2025 17:15:35 Page 15 of 15 .