IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10897 of 2009 Date of Decision: 23.07.2009 Ranjit Kaur Petitioner Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Raj Kumar Arya, Advocate for the petitioner ….. Jasbir Singh, J.(Oral) Petitioner has filed this writ petition with a prayer to quash order dated 21.6.2009(P7), vide which, on receipt of application from respondent No.5, the officer concerned has ordered that the dispute regarding issuance of scheduled case certificate to respondent No.5, be re- verified. Facts of the case indicates that petitioner and respondent No.5 were candidates for the post of a Panch in village Thakkar Sandhu, district Gurdaspur. The petitioner was declared defeated whereas respondent No.5 was elected against the post reserved for a scheduled caste candidate. No election petition was filed. Thereafter, a complaint was sent by the petitioner to the Tehsildar by stating that scheduled caste certificate issued in favour of respondent No.5, was fake. On receipt of her application, notice was sent to respondent No.5, however, when she failed to appear, certificate issued to her, was ordered to be cancelled. Against that order, Civil Writ Petition No.10897 of 2009 respondent No.5 moved an application to the Deputy Commissioner, which was dismissed vide order dated 26.5.2009. Order passed reads as under:- “From the perusal of the file of Tehsildar’s office it is made clear that Smt.Sabbi wife of Bittu @ Pasha resident of village Thakar Sandhu had issued Show Cause Notice to explain their position, but she was refused to sign on the notice. Regarding this the signature of Nambardar and Chowkidar have been obtained. Therefore, there is no need to take action on the application dated 16.2.2009 and action be initiated immediately on mark ‘X’.” Perusal of the order shows that before passing order by the Tehsildar, no opportunity of hearing was given to respondent No.5. Thereafter, it appears that respondent No.5 sent one application to the Chief Minister, Punjab. It was sent to the Deputy Commissioner for necessary action, on which, the officer concerned made the following order and referred the application to SDM, Gurdaspur:- “Please reverify the issue regarding S.C. Certificate and report within 10 days” The enquiry is going on. This Court feels that the order passed is perfectly justified. At no time, respondent No.5 was heard before certificate issued to her was cancelled. In application before the Deputy Commissioner, she has given reasons and the circumstances on account of which she failed to appear before the Tehsildar. Those facts were not taken note of. In view of above, this Court feels that the second enquiry is perfectly justified. No case is made for interference. Dismissed. 23.07.2009 (Jasbir Singh) gk Judge 2