CWP(T) No. 470 of 2008 16.08.2010 Present: Mr. S. S. Mittal, Senior Advocate with Mr. Surender Sharma, Advocate, for the petitioner. Mr. Ram Murti Bisht, Dy. Advocate General for respondents No. 1 to 3. Mr. B. S. Chauhan, Advocate, for respondent No. 6. The petitioner has prayed for the following relief:- “7.1 That the impugned order dated 28.2.2008, Annexure A- 1 may kindly be quashed and set aside and respondent No. 2 be asked to hold regular inquiry in the matter after affording full opportunity to the applicant to lead evidence in support of his plea that his father really hails from an OBC community.” 2. On 12.3.2008 the following order was passed:- “On the oral request of learned counsel for the applicant, Kalyan Singh s/o Sh. Sant Ram r/o village Bhatwari, P.O. Jhakandu, Tehsil Rohanhat, Distt. Sirmour, H.P. who is necessary party is impleaded as respondent No. 6. Amended memo of parties be filed within 2 weeks. Heard. Notice returnable within 4 weeks with a direction to file reply be issued to the respondents. The learned Additional Advocate General appears and waives service of notice on behalf of respondent No. 1 to 3. Mr. Haminder Chandel, Advocate appears and waives service of notice on behalf of respondents No. 5 & 6. Hence notices need not be issued to these respondents. However, they may file reply in the meanwhile. In the meantime status quo be maintained qua the services of applicant as primary Assistant Teacher in GPS Dharwa.” The same is still operative. 3. It is the petitioner’s case that even though he had himself offered to furnish proof of his status as an O.B.C. but however since the relevant record pertaining to another State was not with him he -2- could not furnish proof of his status within fifteen days as was so desired by the respondents. Mr. S. S. Mittal, learned Senior Counsel for the petitioner submits that an opportunity be afforded to the petitioner to enable him to furnish all documents or other proof of his O.B.C. status to the authorities concerned. 4. Having perused the record I am of the considered view that adequate and sufficient opportunity ought to have been afforded to the petitioner for establishing his status as an O.B.C. candidate. In these circumstances the S.D.O. (Civil) Paonta Sahib, District Sirmaur, H.P. is directed to hold a fresh inquiry by affording another opportunity to the petitioner as also the complainant. The petitioner through his counsel undertakes to produce the entire material in support of his claim before the Inquiry Officer within a period of two months from today. The petitioner also undertakes to appear before the Inquiry Officer on 30.8.2010. The Inquiry Officer shall fix a further date to enable the petitioner to produce his entire evidence. The inquiry proceedings be positively completed within a period of three months from today. It is clarified that till then the petitioner’s appointment as Primary Assistant Teacher in Government Primary School Dharwa shall not be disturbed. If however the petitioner does not furnish any proof in support of his claim the respondent/ authorities shall be free to dispense with his services. 5. For the aforesaid reasons order dated 28.2.2008 is set aside and the respondents are directed to hold a fresh inquiry. It shall also be open for the complainant to place additional material before the Inquiry Officer. Mr. S. S. Mittal, learned Senior Counsel for the -3- petitioner undertakes to withdraw the appeal filed before the Collector, Sirmaur, H.P. wherein petitioner had also assailed the impugned order dated 28.2.2008. Dasti copy. (Sanjay Karol), Judge. August 16, 2010 (PK)