Khusboo Ara vs The State Of Bihar
2021 Latest Caselaw 4375 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2408 of 2021
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Khusboo Ara, Daughter of Md. Quamruzzama Adil, Resident of Ward No. 13, Madhaili Bazar, P.O. Madhaili Bazar, P.S. Shankarpur, District- Madhepura, presently Mukhiya of Gram Panchayat Raj, Bishariya, Block- Bhargama, District- Madhepura.

... ... Petitioner/s Versus

1. The State of Bihar Through The Chief Secretary, Government of Bihar, Patna.

2. The Caste Scrutiny Committee, Bihar Through the Chairman-cum-Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Principal Secretary General Administration Department, Government of Bihar, Patna-cum- Chairman, Caste Scrutiny Committee, Bihar.

4. The Deputy Secretary Welfare Department, Government of Bihar, Patna-

cum-Member, Caste Scrutiny Committee, Backward and Extremely Backward Class.

5. The Under Secretary General Administration Department, Government of Bihar, Patna-cum-Member, Caste Scrutiny Committee, Bihar.

6. The District Magistrate, Madhepura Madhepura

7. The District Magistrate, Araria District- Araria

8. Smt. Ruksana Praveen Daughter of Md. Shahzahan Resident of Village-

Majarahi, P.S.- Bhargama, District- Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Shashi Bhushan Kumar Manglam For the Respondent/s : Mr. Fazle Karim, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL JUDGMENT

Date : 31-08-2021

Heard Mr. S. B. K. Manglam, learned Counsel for the

petitioner and Mr. Fazle Karim, learned Assistant Counsel to

Standing Counsel No. 1 for the State.

2. The petitioner has filed the present writ application

for quashing the proceeding of General Committee of Caste Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

Scrutiny Committee, dated 03.05.2018 (Annexure P-13), whereby

the Committee has determined the caste of the petitioner as

'Sheikh' instead of 'Shekhra', i.e. Extremely Backward Class (BC-

1).

3. Learned Counsel for the petitioner submits that the

petitioner is the daughter of Md. Quamruzzama Adil and she was

married with her cousin, Naurez Alam, in the year 2008. Before

her marriage and before she was elected as Mukhiya of the

Bishariya Gram Panchayat, the petitioner was granted the caste

certificate of 'Shekhra' caste, which comes under the Extremely

Backward Class (BC-1), by the Circle Officer, Bhargama, vide

Certificate No. 844, dated 18.08.2005 (Annexure P-1). He further

submits that the blood relatives of the petitioner had been granted

the caste certificates of 'Shekhra' caste way back in the year 1997

up to 2015 and some of the blood relatives of the petitioner were

granted the caste certificates of 'Shekhra' caste in the year 1966

also. The petitioner appeared in the secondary school examination

conducted by the Bihar School Examination Board in the year

2007 and in the admit card issued in favour of the petitioner, her

caste status has been mentioned as BC-1.

4. Learned Counsel for the petitioner further submits

that in the year 2016, the State Election Commission, Bihar, Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

notified panchayat election for Bishariya Gram Panchayat and the

petitioner filed her nomination to contest the said election for the

post of Mukhiya of the Bishariya Gram Panchayat, which,

according to the petitioner, was reserved for the female of

Extremely Backward Classes. Since the petitioner belongs to the

'Shekhra' caste, which falls under the Extremely Backward Class,

she filed her nomination in order to contest the post of Mukhiya of

Bishariya Gram Panchayat on the basis of her caste certificate

issued in the year 2005. At the time of scrutiny of nomination, no

objection was raised either by respondent no. 8 or from any other

quarter. Accordingly, the nomination of the petitioner was accepted

without any objection and she was declared elected for the post of

Mukhiya of Bishariya Gram Panchayat. At this stage, respondent

no. 8 filed a complaint before the State Election Commission

under Section 136 (2) of the Bihar Panchayat Raj Act, 2006 with a

prayer to disqualify the petitioner on the ground that the petitioner

did not belong to the Extremely Backward Class community.

5. Before receipt of the complaint made by respondent

no. 8, the State Government had already constituted a State-level

Caste Scrutiny Committee as per the direction of the Hon'ble

Supreme Court, in the case of Kumai Madhri Patil v. Additional

Commissioner, reported in (1994) 6 SCC 241 and accordingly, Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

the State Election Commission requested the Caste Scrutiny

Committee for determination of the caste status of the petitioner.

The Caste Scrutiny Committee of the General Administration

Department directed the Crime Investigation Department to

conduct enquiry in this matter and submit report. The Crime

Investigation Department constituted a team for holding enquiry

and before the Enquiry Committee, constituted by the Crime

Investigation Department, the petitioner placed all the relevant

documents in support of her caste 'Shekhra' for its consideration

including the caste certificates of her blood relatives, who were

enjoying the status of 'Shekhra' caste since 1966 onwards. The

Crime Investigation Department submitted its report to the

Inspector General of Police (Weaker Section), Crime Investigation

Department, on 05.02.2018, which was forwarded to the General

Administration Department. After receipt of the report, the General

Administration Department issued a notice to the petitioner, vide

letter no. 2919, dated 01.03.2018 (Annexure P-10), stating therein

that the Crime Investigation Department, in its enquiry report, has

come to the finding that the caste of the petitioner is 'Sheikh',

which comes under the general category and the petitioner was

directed to file her statement of defence upon the enquiry report

submitted by the Crime Investigation Department. Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

6. In response to the notice, dated 01.03.2018, the

petitioner filed an application, dated 19.04.2018, before the Caste

Scrutiny Committee of the General Administration Department,

stating therein that the enquiry report sent through speed post was

not delivered to the petitioner, however, learned Counsel for the

petitioner could obtain the copy of the enquiry report on

04.04.2018, but the same was also incomplete enquiry report

inasmuch as from perusal of the enquiry report, it transpired that

the compact disc (CD), which contains the videography of the

enquiry and form part of the enquiry report was not provided to the

petitioner and also the evidence/documents, relied upon by the

Enquiry Committee, in course of enquiry, were not supplied to the

petitioner at any point of time. Accordingly, the petitioner

requested that a copy of the compact disc (CD) along with the

evidence/documents, relied upon by the Enquiry Committee, be

also furnished to the petitioner to enable her to submit adequate

defence.

7. Learned Counsel for the petitioner, referring to the

statements made in paragraphs 25 and 26 of the writ application,

forcefully submits that neither the compact disc (CD) nor the

evidence collected during the enquiry, which were part of the

enquiry report, has been supplied to the petitioner. However, the Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

petitioner submitted her show cause before the Caste Scrutiny

Committee of the General Administration Department on

03.05.2018 in absence of the relevant documents supplied to her

by the respondent authorities and in paragraph 4 of the show

cause, facts regarding non-supply of materials, relied upon by the

Enquiry Committee, has categorically been stated. Learned

Counsel next submits that in her reply, dated 03.05.2018, apart

from the objections regarding non-supply of the materials relied

upon by the Enquiry Committee, the petitioner placed evidence in

support of her claim that she belongs to the 'Shekhra' caste, which

falls under the Extremely Backward Class (BC-1), the details of

which are mentioned in her response to the enquiry report, but the

respondent no. 2, i.e. the Caste Scrutiny Committee, Bihar,

through the Chairman -cum- Principal Secretary, General

Administration Department, Government of Bihar, Patna, without

appreciating the fact that the materials relied upon by the Enquiry

Committee were not furnished to the petitioner and without taking

into consideration the evidence produced by the petitioner in her

reply, has merely come to the finding that the Caste Scrutiny

Committee is in agreement with the finding of the enquiry report

submitted by the Crime Investigation Department and determined

the caste of the petitioner as 'Sheikh', which comes under the Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

general category (unreserved category) and rejected the claim of

the petitioner belonging to the 'Shekhra' caste, which falls under

the Extremely Backward Class (BC-1) category. Learned Counsel,

referring to the impugned order, submits that the impugned order

has been passed in cavalier manner also inasmuch as in paragraph

5 of the impugned order, the respondent-Committee has recorded

that up till 03.05.2018, no written statement of defence was

submitted by the petitioner, but in paragraph 7 of the said

impugned order, it has been recorded by respondent no. 2 that no

cogent evidence has been produced by the petitioner in her

statement of defence, dated 03.05.2018.

8. Accordingly, the submission of leaned Counsel for the

petitioner is that the impugned order has been passed in flagrant

violation of principle of natural justice and it also suffers from the

vice of non-application of mind inasmuch as none of the

materials/evidence relied upon by the petitioner in her statement of

defence has been taken into consideration by the Caste Scrutiny

Committee of the General Administration Department.

9. Per Contra, learned Counsel for the State, referring to

the contents of the counter affidavit, submits that the allegation

made by the petitioner that complete enquiry report was not

supplied to her is baseless because the petitioner and her Advocate Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

appeared in the meeting, dated 03.05.2018, but this point was not

raised before the Caste Scrutiny Committee of the General

Administration Department. He, referring to paragraph 16 of the

counter affidavit, submits that if any report or enquiry report was

wanted by the petitioner, she could have obtained prior to the

meeting of Caste Scrutiny Committee of the General

Administration Department or she could have asked for some extra

time for giving reply, but the petitioner failed to do so, as such, the

instant case is fit to be dismissed having no merit.

10. During hearing of this case, on 17.08.2021, learned

Counsel for the State sought ten days' time to take instruction on

the point of supply of copy of enquiry report including the

documents/CD, relied upon by the Enquiry Officer, to the

petitioner, but today, during the course of hearing, learned Counsel

for the State failed to produce any supplementary counter affidavit

denying the specific statement of the petitioner regarding non-

supply of compact disc (CD) and the relevant materials/documents

as stated in paragraphs 25 and 26 of the writ application. Vide

order, dated 16.03.2021, notice was issued to respondent no. 8, but

despite valid service of notice upon her, she did not appear.

11. After having heard learned Counsel for the parties

concerned and after carefully gone through the materials available Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

on record, particularly paragraphs 25 and 26 of the writ

application, it appears that the petitioner has made categorical

statement about non-supply of the materials relied upon by the

Crime Investigation Department in course of enquiry, which has

not been denied by the respondent-State in its counter affidavit and

no reply of paragraph 25 and 26 of the writ application has been

given by the respondent-State in its counter affidavit, and only a

vague statement has been made on behalf of the State that the

petitioner did not raise this point before the Caste Scrutiny

Committee of the General Administration Department when she

appeared, along with her Advocate, in the meeting, dated

03.05.2018.

12. From perusal of the reply of the petitioner upon the

enquiry report, dated 03.05.2018 (Annexure P-12), I find that the

petitioner has categorically stated that documents and evidence,

which form part of the enquiry report, were not furnished to her.

13. Accordingly, I come to the conclusion that the

impugned order, dated 03.05.2018 (Annexure P-13), passed by the

General Committee of the State Level Scrutiny Committee, is

violtive of principle of natural justice and the same is hereby

quashed and the matter is remitted back to the Caste Scrutiny

Committee of the General Administration Department to pass a Patna High Court CWJC No.2408 of 2021 dt.31-08-2021

fresh order in accordance with law and after furnishing all the

relevant materials/documents/evidence/compact disc (CD) etc. to

the petitioner, relied upon by the enquiry committee of the Crime

Investigation Department, preferably within a period of three

months from the date of receipt/production of a copy of this order.

14. This writ application is allowed to the extent indicate

above.

15. However, there shall be no order as to costs.

(Anil Kumar Sinha, J.) Prabhakar Anand/-

AFR/NAFR                         NAFR
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Uploading Date                01-09-2021
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