The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C ) No.17862 of 2025 Gobinda Bindhani & Another …. Petitioners Mr. U.C. Mishra, Adv. -versus- The State Level Scrutiny Committee and Another …. Opposite Parties Mr. M.R. Mohanty, AGA . COROM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.07.2025 Order No 2. 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 inter alia challenging order dt.07.05.2025 so passed by State Level Scrutiny Committee-Opp. party No.1 under Annexure-5. 4. While assailing the impugned order, learned counsel appearing for the Petitioner contended that Petitioner when was issued with a notice issue by Opp. Party No.1 to participate in the proceeding so initiated before the Committee by fixing the date of appearance to 07.05.2025 under Annexure-1, Petitioner on his appearance filed an objection to such notice under Annexure-4 series. // 2 // 4.1. It is contended that such an objection was made by the Petitioner inter alia on the ground that prior to issuance of the notice dt.11.4.2025 under Annexure-1, the Committee vide letter dt.06.10.2023 under Annexure-3 though had requested Superintendent of Police, Mayurbhanj to cause an inquiry and verify the caste status of the Petitioner, but prior to receipt of any such inquiry report in terms of Annexure-3, the Committee is not competent to proceed with the matter.
Legal Reasoning
4.2. It is contended that vide letter dt.06.10.2023 under Annexure-3, Superintendent of Police, Mayurbhanj was directed to verify the caste status of the Petitioner and to submit the report. But prior to receipt of such report, the Committee since is not competent to proceed with the matter, Petitioner raised the objection under Annexure-4. 4.3. It is contended that in terms of the provisions contained under Rule 7 of the Orissa Scheduled Castes, Scheduled Tribe and Backward Classes (Regulation of Issuance and verification of Caste Certificate) Rules, 2023 hereinafter called as “Rules”, once the Committee feels it appropriate to call for a report by taking the assistance of the District Vigilance Cell, it is incumbent on the part of the Committee to have the said report prior to proceeding further in the matter. Page 2 of 10 // 3 // 4.4. It is contended that as provided under Rule 7 of the aforesaid Rules, in absence of any such report submitted by the District Vigilance Cell, report of which was called for under Annexure-3, the Committee is not competent to proceed further in the matter. Rule 7 (1) to 7(7) of the Rules read as follows: 7. Procedure for verification of the genuineness of the caste certificate (1) Where the Scrutiny Committee, after receipt of the complaint, feels it appropriate the District Vigilance Cell and initiates the proceedings for verification of genuineness of a Caste Certificate issued by the Competent Authority, it shall proceed in the following manner, namely: take assistance of to (a) The Scrutiny Committee, shall forward the petition to the concerned District Vigilance Cell for conduct of inquiry into the case by its officer; (b) The Inspector of Police of the concerned area, where the candidate whose social status is to be verified originally hails or usually resides, shall go to the local place of residence and original place from where the candidate hails and usually resides or in case of migration to the town or city, the place from which he or she originally hailed from and shall collect the information regarding ethnological traits, deity, rituals, customs, mode of marriages, death ceremonies, method of burial of dead bodies etc. by the concerned castes or tribal communities; (c) The Inspector of Police shall personally verify and collect all the facts of the social status claimed by the candidates or the parent or legal guardian, as te case may be, and examine the school records, birth registration, if any; (d) The Inspector of Police shall also examine the parent, legal guardian of the candidates in relations to their castes, etc. or such other persons who have knowledge of the social status of the candidate and then submit a report to the Scrutiny Committee together with all the particulars necessary. Page 3 of 10 // 4 // (e) in particular, about the Scheduled Tribes, the Inspector of Police of the area concerned shall enquire relating to their peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriages, death ceremonies, method of burial of dead bodies etc. by the concerned tribes or tribal communities; (f) For conducting the enquiry, the Inspector of Police may take assistance of the local Tahasildar or Revenue Inspector and peruse the revenue records as may be necessary, (g) The Inspector of Police (Inquiring Officer) shall submit the Checklist 1. Checklist 2 and Gencological Chart of the alleged person given at Appendix B with the enquiry report before its submission to the competent authority. (h) After the completion of the enquiry, the District Vigilance Cell shall take steps to prepare a report which shall be submitted to the Scrutiny Committee having a definite logical conclusion along with supporting documents within a period of two months from the date of receipt of the petition for enquiry. (2) In case of failure to submit the enquiry report within the period stipulated in clause (h) of sub-rule (1), the officer-in-charge of the District Vigilance Cell or its concerned enquiring officer shall be summoned to appear before the Scrutiny Committee to explain the reasons of delay orally and also in writing and if the reasons are found satisfactory, the Scrutiny time not Committee may grant extension of exceeding one month and for unsatisfactory explanations and failure to submit report by the end of extended time period, the Scrutiny Committee shall record its adverse remarks on the conduct of the enquiring officer in his report and forward the same to the concerned Superintendent of Police for necessary disciplinary action against the officer concerned and ask for conduct of enquiry and submission of report within next two weeks by engaging another officer, if so required. (3) While conducting enquiry, the concerned officer shall observe the principles of natural justice and shall issue notice to the person whose certificate is under verification and provide such person a Page 4 of 10 // 5 // reasonable opportunity to defend and to produce records, statements and witnesses in support of defence, as may be required, in all stages of enquiry. (4) The Scrutiny Committee shall also intimate the complainant and the alleged person to attend and cooperate in the process of enquiry and their act of non-cooperation, if so found, shall be recorded in the proceedings of enquiry and will be taken into consideration by the Scrutiny Committee while passing the final order. (5) After receipt of the enquiry report from the District Vigilance Cell, the Scrutiny Committee shall hold its meeting to scrutinize the report and in case it is not found to be satisfactory, the ScrutinyCommittee shall record its observations in its proceedings which shall be intimated to the District Vigilance Cell with the direction to conduct re-enquiry with reference to the observations of the Scrutiny Committee and to submit the report within a period of one month failing which the procedure as per sub-rule(2)shall be followed. (6) The enquiry report from the District Vigilance Cell, if found satisfactory by the Scrutiny Committee, it shall proceed to the next stage of asking for show cause reply from the person whose certificate is under verification and the Member-Convener of the Scrutiny Committee shall send the notice along with the copy of the enquiry report and the copy of the complaint petition to such person asking for show cause reply, and if such person wants to avail the opportunity of personal hearing before the Scrutiny Committee, he or she shall appear in person or through his or her authorized representative within fifteen days from the date of receipt of such notice. (7) The period stipulated under sub-rule (6) may be extended by the Scrutiny Committee for a further period of fifteen days upon receipt of written request from him or her on reasonable grounds. 4.5. Learned counsel appearing for the Petitioner accordingly contended that since after going through the allegations made against the Petitioner, the Committee Page 5 of 10 // 6 // feels it appropriate to call for a report in terms of the provisions contained under Rule 7 (1) of the Rules, in absence of any such report being provided, the Committee is not competent to proceed further. Even though such an objection was raised by the Petitioner after receipt of notice under Annexure-1vide Annexure- 4, but without proper appreciation of the aforesaid provisions so contained under the Rules, the Committee rejected the objection vide the impugned order dt.07.05.2025 under Annexure-5. It is accordingly
Decision
contended that the impugned order is not sustainable in the eye of law and requires interference of this Court. 5. Mr. M.R. Mohanty, learned Addl. Govt. Advocate on the other hand basing on the instruction provided in terms of order dt.14.07.2025, contended that as provided under the aforesaid Rules, it is not mandatory on the part of the Committee to call for the report. It is contended that as provided under Rule-6(3) of the Rules, the Committee is competent to verify suo motu the genuineness of a Caste Certificate issued by a competent authority. The Committee may if feels appropriate can take the assistance of the District Vigilance Cell. But since on the face of the notice issued under Annexuire-3, Superintendent of Police, Mayurbhanj is not submitting the report with regard to the caste status of the Petitioner, the Committee feels it proper to proceed in terms of the provisions contained Page 6 of 10 // 7 // under Rule 6(3) of the Rules. Rule 6(3) of the Rules reads as follows: Powers and functions of Scrutiny 6. Committee- (3) The Scrutiny Committee shall also have the power to verify suo-motu the genuineness of a Caste Certificate the Comptent Authority. issued by 5.1. It is accordingly contended that since the proceeding is of the year 2023 in FCC Case No.0007 of 2023, in absence of the report so called for, there is no bar on the part of the Committee to proceed with the matter with passing of the order dt.07.05.2025. It is also contended that prior to issuance of the notice under Annexure-1, the Committee had already a received a report from ADM, Mayurbhanj vide letter dt.27.02.2023 so enclosed in the notice under Annexure-1. It is contended that since ADM, Mayurbhanj vide his letter dt.27.02.2023 has already verified the Sabik ROR and the yadast corresponding to Hal ROR for verification of genuineness of the caste status of Pramod Kumar Bindhani, Father of Manika Bindhani, report by the District Vigilance Cell is no more a requirement. It is accordingly contended that no illegality or irregularity can be found with the impugned order. 6. To the submission made by the learned Addl. Govt. Advocate, learned counsel appearing for the Petitioner made further submission inter alia contending that vide Page 7 of 10 // 8 // letter dt.27.02.2023, A.D.M, Mayurbhanj though submitted a report with regard to the status of the land recorded under Sabik ROR corresponding to Hal Khata No.97 of Village-Punanga in the district of Mayurbhanj with regard to verification of genuineness of the caste status of one Pramod Kumar Bindhani, Son of Manik Bindhani. But the said report has also been submitted without giving due opportunity of hearing to the Petitioner. It is also contended that since on the face of such report submitted by the A.D.M, Mayurbhanj on 27.02.2023 and in terms of the provisions contained under Rule-7(1) of the Rules, the Committee feels it appropriate to call for a report from the District Vigilance Cell headed by the Superintendent of Police, Mayurbhanj vide his letter dt.06.10.2023 under Annexure-3, in absence of the report so submitted by the District Vigilance Cell, the Committee is not competent to proceed further in the matter. It is accordingly contended that the impugned order requires interference of this Court. 7. Having heard learned counsel for the parties and considering the submission made, this Court finds that Petitioner when was issued with the notice of show- cause vide letter dt.11.04.2025 under Anexure-1, Petitioner on his appearance on the date fixed, made an objection inter alia taking the ground that in absence of the report being submitted in terms of letter Page 8 of 10 // 9 // dt.06.10.2023 under Annexure-3, the Committee is not competent to proceed further. 7.1. It is found that along with the notice dt.11.04.2025, report submitted by the A.D.M, Mayurbhanj on 27.02.2023 was also enclosed. But as found, on the face of such report submitted by the A.D.M, Mayurbhanj on 27.02.2023 so enclosed to Annexure-1, the Committee feels it appropriate to call for a report from the Superintendent of Police, Mayurbhanj vide letter dt.06.10.2023 under Annexure- 3. Such a letter was issued with a request to verify the caste status of the present petitioners. 7.2. This Court after going through the provisions contained under Rule 7 vis-à-vis Rule 6 is of the view that once the Committee feels it appropriate to call for a report from the District Vigilance Cell, as has been done in the present case with issuance Annexure-3, in absence of any such report, the Committee is not competent to proceed further. This Court is unable to accept the contention of the learned Addl. Govt. Advocate that on the face of report enclosed to Annexure-1 i.e. report of the A.D.M Mayurbahanj dt.27.02.2023, no further report is required and the Committee is competent to proceed in terms of the provisions contained under Rule 6(3) read with Rule 6(6) of the Rules. Page 9 of 10 // 10 // 7.3. As on the face of such materials available with the Committee, the Committee decided to call for a report to verify the caste status of the Petitioner vide letter dt.06.10.2023 under Annexure-3 in terms of Rule 7(1) of the Rules, it is the view of this Court that in absence of such report being submitted, the Committee is not competent to proceed further. 7.4. Therefore, this Court in view of the aforesaid analysis is inclined to quash order dt.07.05.2025 so passed by Opp. party No.1 under Annexure-5. While quashing the said order, this Court directs the Committee to take appropriate action in terms of the provisions contained under Rule-7 of the Rules and insist upon the District Vigilance Cell to submit the report as called for vide letter dt.06.10.2023 under Annexure-3, as expeditiously as possible. Only after submission of the report by the District Vigilance Cell, the Committee will be competent to proceed further in the matter in terms of the 2023 Rules. 8.3. The Writ Petition accordingly stands disposed of with the aforesaid observation and direction. Signature Not Verified Amit Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Jul-2025 15:46:08 (Biraja Prasanna Satapathy) Judge Page 10 of 10