NON  REPORTABLE

 IN THE SUPREME COURT OF INDIA    CIVIL APPELLATE JURISDICTION

     CIVIL APPEAL NO. 5076 OF 2009       [Arising out of SLP© No.13023 of 2008]

Rampal                  ----Appellant

Versus

State of Haryana & Ors.              ----Respondents

J U D G M E N T

TARUN CHATTERJEE, J.

1. Leave granted.

2. This appeal is directed against the judgment and order  

dated 30th of April, 2008 passed by a Division Bench of  

the High Court of Punjab and Haryana at Chandigarh  

in CWP No.4215 of 2007.

3. The  appellant,  at  the  relevant  point  of  time,  was  

working as a Constable but he got entry in service by  

producing  a  caste  certificate  showing  him  as  a  

scheduled  caste  candidate.  It  appears  that  one  

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complaint was made against him that he got the said  

certificate wrongly, by showing himself as belonging to  

‘Sirkiband’  caste  whereas  in  fact  he  belongs  to  

‘Banjara’  caste,  which  cannot  be  said  to  be  a  

“Scheduled Caste”.  On enquiry by the Tehsildar, this  

certificate of the appellant was cancelled. It  was the  

grievance of  the  appellant  that  before  cancelling  the  

certificate,  no opportunity of  hearing was granted to  

him and accordingly, the order of cancellation must be  

set aside.   

4. Challenging  the  order  of  cancellation,  a  writ  

application  was  moved  by  the  appellant  before  the  

High  Court,  which,  by  the  impugned  order  was  

dismissed.

5. Feeling aggrieved, the appellant filed this special leave  

petition, which on grant of leave was heard in presence  

of the learned counsel for the parties.  

6. We have heard the learned counsel for the parties and  

examined the impugned order and other materials on  

record.  In our view, the appeal is liable to be allowed  

and the impugned order should also be set aside on a  

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very short point.  It is an admitted position that before  

cancellation  of  the  caste  certificate  of  the  appellant,  

the authorities ought to have given an opportunity of  

hearing to the appellant and also to contend that the  

Certificate  issued  to  him  was  a  “Scheduled  Caste  

Certificate” and, therefore, it cannot be quashed.  In  

view of the fact that the principles of natural justice  

was  admittedly  violated  in  this  case,  the  impugned  

order must be set aside and the concerned Tehsildar  

must be directed to decide the dispute regarding the  

caste certificate of the appellant after giving hearing to  

the  parties  and  after  passing  a  reasoned  order,  

preferably within three months from the date of supply  

of a copy of this order to him.  

7. The impugned order is set aside. The appeal is thus  

allowed to the extent indicated above. There will be no  

order as to costs.           

    …………………………….J.   [Tarun Chatterjee]

New Delhi;   ……………………………J.

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August 04, 2009.     [R.M.Lodha]

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