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SMT. NEELAM versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Neelam v. State Of U.P. And Others - WRIT - C No. 7068 of 2006 [2006] RD-AH 2869 (7 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil  Misc. W.P. No.  7068 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The caste certificate issued in favour of the petitioner on 30th September 2005 has been cancelled by the impugned order dated 12th December 2005 upon a complaint and enquiry made by the Revenue Inspector. The impugned order does not indicate issuing of any show cause notice to the petitioner before cancelling the caste certificate. Cancellation of a caste certificate has civil consequences and, such an order could not have been passed except after affording an opportunity of hearing to the aggrieved party.

In the circumstances, the impugned order dated 12.12.2005 is quashed, leaving it open to the authority concerned to pass fresh orders after affording due opportunity to the petitioner by giving a show cause notice and also supplying a copy of the complaint and the enquiry report.

The writ petition is allowed as above.

Dated : February 7, 2006

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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