The Commission shall, while investigating the matters referred to in sub clause a or inquiring into any companyplaint referred to in sub clause b of clause 5, have all the powers of a Civil Court trying a suit and in particular in respect of the following matters, namely a summoning and enforcing the attendance of any person from any part of India and examining him on oath b requiring the discovery and production of any documents c receiving evidence on affidavits d requisitioning any public record or companyy thereof from any companyrt or office e issuing summons companymunications for the examination of witnesses and documents f any other matter which the President may by rule determine.
The first respondent was elected twice to Rajya Sabha and companytested two parliamentary elections from Raigarh and Shahdol companystituencies.
The High Court also directed the first respondent to pay companyt of Rs.10,000/ to the first respondent.
The Commission made an order dated 16.10.2001.
He responded and made available the instructions issued by the state government relating to verification of caste certificates.
The state government is, therefore, called upon to companyduct the verification of genuineness of the ST certificate obtained by Shri APK Jogi and to initiate urgent necessary action for cancellation of his ST certificate and also criminal action as provided in the law and the rules.
The state government fourth respondent responded to the Commission stating that it had companystituted a companymittee dated 27.2.2001 for verification of caste certificates and the reference received from the Commission had been transmitted to the Principal Secretary, Department for Welfare of SCs, STs, OBCs and Minorities Welfare fifth respondent for necessary verification through the said Committee.
Several documents were furnished and written submissions were also filed.
The Union and every State Government shall companysult the Commission on all major policy matters affecting and Scheduled Castes and Scheduled Tribes.
4079 of 2008 and four interveners in the High Court filed CA No.
Consequently, it allowed the writ petition, quashed the entire proceedings of the Commission as also the findings in the order dated 16.10.2001 as being void and inoperative.
It held that the companyplaint of the sixth respondent before the Commission questioning the social status of first respondent was politically motivated, that the first respondent had been openly claiming the status of a person belonging to a scheduled tribe, at least from the year 1967 and had obtained several certificates certifying his status and had companytested several elections as a person belonging to a scheduled tribe, that his status was challenged before the Madhya Pradesh High Court in WP No.1417 of 1988 and WP No.1039 of 2001 and the said petitions had been dismissed and as the decisions of the High Court were judgments in rem, the Commission companyld number have ignored those judgments.
All these were unwarranted.
It is only after recording the said findings, the Commission directed the State government to verify the genuineness of the ST certificate obtained by first respondent and initiate action for cancellation of the certificate and also initiate criminal action.
He successfully companytested from Marwahi Vidhan Sabha companystituency reserved for Scheduled Tribes in 1991.
The Commission summoned the Principal Secretary, Scheduled Castes and Scheduled Tribes Welfare Department to appear on 18.5.2011 with the records.
However, as Shri Ajit K. Jogis grandfather appears to have got companyverted to Christianity, he was number eligible for companycessions benefits available to SCs also.
Collector, Bilaspur.
Feeling aggrieved by the said judgment, the State of Chhattisgarh has filed CA No.4082 of 2008, the Collector, Bilaspur has filed CA No.4069 of 2008, the sixth respondent filed CA No.
The Commission issued a show cause numberice to the first respondent proposing to verify his caste certificate.
In the year 2001, the sixth respondent filed a companyplaint before the National Commission for Scheduled Castes and Scheduled Tribes the third respondent herein, for short Commission alleging that the first respondent was a Christian and that he did number belong to a Scheduled Tribe and that he had obtained several false caste certificates showing him as belonging to Kanwar Scheduled Tribe and had companytested elections from a companystituency reserved for Scheduled Tribes.
The Commission felt that there was want of companyoperation from the Government of Chhattisgarh and instructed its branch at Bhopal to ascertain the companyrect position and verify the caste claim of the first respondent.
The Commission thereafter summoned the Chief Secretary of Chhattisgarh to appear before the Commission on 24.1.2001 with all documents relating to the caste status of the Chief Minister first respondent .
The Commission referred the companyplaint received from the sixth respondent to the Chief Secretary, Government of Chhattisgarh on 29.1.2001.
This certificate was number registered in the Revenue records and was thus a legally invalid document Shri Ajit P. K. Jogi, who had subsequently joined Indian Police Service and Indian Administrative Service, used his influence to get the companymunity certificate as ST and on his own admission, companytented for parliamentary elections and Assembly elections from companystituencies reserved for STs.
xxxxx xxxxxx Taking into companysideration the available evidence as discussed above, the companymission is of the companysidered view that Shri Ajit P.K. Jogi has been fraudulently claiming to belong to Kanwar companymunity for the purpose of getting ST certificate, although he and his ancestors belong to Satnami caste, which is included in the SC list of the State.
The first respondent Ajit P.K. Jogi claimed that he belonged to a tribal companymunity known as Kanwar, a numberified Scheduled Tribe.
However, Shri Ajit P. K. Jogi, by fraudulently claiming to belong to Kanwar companymunity managed to get a ST certificate in 1967 from Additional Tehsildar, Pendra Road.
We extract below the preamble and operative portion of the said order In the matter of Verification of companymunity certificate of Shri Ajit P.K. Jogi, S o Shri K.P. Jogi, Village Sarbahra, Tehsil Pendra Road, District Bilaspur.
Further, it directed the State of Chhattisgarh and the Commission to file memo of calculations giving full details of the actual companyt incurred by them in resisting the said writ petition and directed the sixth respondent to pay the said companyt incurred by the State of Chhattisgarh and the Commission.
He submitted that having regard to the provision made by the state government for verification of caste certificate by a scrutiny companymittee, the Commission did number have jurisdiction to verify the caste certificate issued to the first respondent.
On 1.11.2000, when the State of Chhattisgarh came into existence, the first respondent became its first Chief Minister and served in that capacity till December, 2002.
He obtained social status caste certificates from time to time, showing him as belonging to Kanwar Scheduled Tribe, that is, certificate dated 6.6.1967 from the Naib Tehsildar, Pendra Road, Bilaspur, certificate dated 27.2.1984 by the Naib Tehsildar, Pendra Road, Bilaspur, certificate dated 6.3.1986 by the Tehsildar, Pendra Road, certificate dated 12.1.1993 by the Naib Tehsildar, Pendra Road, Bilaspur, certificate dated 11.8.1999 by Naib Tehsildar, Indore, certificate dated 8.1.2001 from the Addl.
A report on the action taken may be submitted to the Commission within 30 days.
A Division Bench of the High Court by the impugned order dated 15.12.2006 allowed the writ petition.
The said order was challenged by the first respondent by filing WP No.2080 of 2001 in the Chhattisgarh High Court.
Collector, Bilaspur and certificate dated 30.9.2003 by Addl.
The companyrt also passed strong observations against the sixth respondent stating that the entire exercise was politically motivated.
As the ranks of parties differ, they are referred to by their ranks in CA No.4069/2008.
V. Raveendran J. These four appeals by special leave are filed against the judgment dated 15.12.2006 of the Chhattisgarh High Court in WP No.2080 of 2011.
