1

IN THE HIGH COURT OF M. P. BENCH AT GWALIOR

Writ Petition NO. /2020

PETITIONER - Bharat Singh Batham

VERSUS

RESPONDENTS - LIC of India & others

INDEX
S. Particular of the Documents Annexure Page
No. No.
1. Index - 1
2. Chronology of events - 2
3. Writ petition with affidavit - 3-10
4. List of Documents - 11
5. Copy of impugned order dated 04.09.2020 P-1 12-14
6. Copy of Employer Certificate and personal data P-2 15-16
7. Copy of Caste Certificate P-3 17
8. Copy of Caste Certificate verification report P-4 18-19
dated 12.02.2020 & 07.04.2016
9. Copy of the Gazette notification in the year P-5 20-21
1976
10. Copy of Charge Sheet dated 05.10.2019 P-6 22-23
11. Copy of reply dated 05.11.2019 P-7 24
12. Copy of Enquiry Report dated 26.06.2020 P-8 25-27
13. Copy of Circular dated 27.07.2017 P-9 28-30
14. Copy of circular dated 01.01.2018 P-10 31
15. Copy of order dated 27.09.2019 & 23.11.2019 P-11 32-40
passed in identical matters
16. Copy of circular dated 05.04.2003 P-12 41
17. Copy of circular dated 21.03.2013 P-13 42-43
18. Copy of circular dated 16.05.2005 P-14 44
19. Application for urgent hearing - 45
20. Undertaking for service of notice to opposite party 46-47
and SMS Screen
21. Vakalatnama - 48

JABALPUR (Jagdish Sakalle)

DATE – 26.09.2020 Advocate for the petitioner
 2

IN THE HIGH COURT OF M. P. BENCH AT GWALIOR

Writ Petition NO. /2020

PETITIONER - Bharat Singh Batham

VERSUS

RESPONDENTS - LIC of India & others

CHRONOLOGICAL EVENTS

DATE EVENTS
22.01.1981 Cast Certificate has been issued to the petitioner.
05.10.2019 Charge sheet issued by respondent no.1
05.11.2019 Reply filed by the petitioner
12.02.2020 Caste Certificate verification report of the office of collector
in favour of the petitioner
26.06.2020 Enquiry Report submitted by the Enquiry officer which is in
favour of the petitioner.
04.09.2020 Impugned order passed by respondent no.1

JABALPUR (Jagdish Sakalle)

DATE – 26.09.2020 Advocate for the petitioner

Information as per Clause (7 and 9) of the “Video Conferencing & E -

Filing Guidelines” dated 15-04-2020:

a) Name of Advocate : Jagdish Sakalle

b) Mob. No. : 9893008913
c) e-mail : jagdishsakalle@gmail.com
d) e-mail of opposite party counsels : Shri Sunil Kumar Jain, E.No. 127
of 1991 & LIC OF INDIA
Sunil_adjain@yahoo.co.in & lhpf.gwalior@licindia.com

e) MP State Bar Council Enrolment No . 193/1999

JABALPUR (Jagdish Sakalle)

DATE – 26.09.2020 Advocate for the petitioner
 3

IN THE HIGH COURT OF M. P. BENCH AT GWALIOR

Writ Petition NO. /2020

PETITIONER - Bharat Singh Batham S/o Shri Babulal

Batham, aged about- 59 years ,
Occupation Govt.Service
R/o BM-535, Deendayal Nagar, Gwalior
District- Gwalior (MP)

VERSUS

RESPONDENTS - 1. Life Insurance Corporation of India,

Through Zonal Manager,
Central Zonal Office, Jeevan Sikha,
60B, Hoshangabad Road, Bhopal (MP)
462011
2. Senior Divisional Manager
L.I.C. of India,
Division Office, Gwalior,
City Center, Gwalior (MP)
3. Assistant Divisional Manager,
L.I.C. of India,
EO &Manager (E&OS) Division
Gwalior, City Centre, Gwalior (MP)

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF

INDIA

1. Particulars of the order against which the petition is made:

(i) Date of order – 04.09.2020(Annexure-P/1)

(ii) Passed in/order No. –Case NO./766/10
(iii) Passed by _Respondent No.1
(iv) Subject matter in brief -
The petitioner seeks to assail the legality and propriety of Show
Cause notice dated-04.09.2020 (Annexure-P/1), passed by respondent
No. 1 wherein it is held that petitioner has failed to prove that he belongs
the Caste of “Majhi” Scheduled Tribe and also filed to prove that Caste
Certificate produced by the petitioner is valid, subsequently, respondent
no.1 has proposed to impose the penalty of Dismissal in terms of
Regulation 39(1)(g) of Life Insurance Corporation of India(Staff)
Regulations, 1960 and to further forfeit his gratuity and pensionary
benefits. The act of submission of false caste certificate constitutes an
offence involving moral turpitude.
 4

It is respectfully submitted that the Caste Certificate

(Annexure-P/3) submitted by the petitioner at the time of appointment in
the year of 1981 is valid. That after the laps of 37 years of the service at
the fag end of retirement when, the petitioner has only 3 months of
service remaining, department enquiry had been conducted despite the
fact that an Equity report dated 26.06.2020 (Annexure P/8) is in favour
of the petitioner as well as office of Tahsildar, Tahsil City Center Gwalior
and office of SDO, Gwalior verified that the caste certificate
(Annexure-P/3) has been issued with the seal and signature of Executive
Magistrate, Gwalior vide report dated 12.02.2020 &07.04.2016
(Annexure P/4).
The said report has been filed by Presenting Officer (PO) of the
department in the departmental enquiry.
It is pertinent to mention here that the State Government issued the
circular dated 27.07.2017(Annexure P/9) in which clarified that prior to
the year of 1996 there was no provision to application for apply the cast
certificate also no format of Cast certificate was prescribed as well as no
record of the caste certificate keep in the office of the issuing authority. It
has further been clarified that once the caste certificate is issued, it will
valid for all department and it could not be said that the caste certificate
is false because it is not endorse in office of Collector.
That, the petitioner belongs to “Majhi” community and the same falls
in the Schedule Tribe category which has been mentioned at Serial No.29
in the Gazette notification in the year of 1976 (Annexure-P-5), the State
Government has issued the circular dated 01.01.2018 (Annexure-P-10)
wherein stated that those person who belongs to Dhimar Kewat, Kahar,
Bhoi, Mallhah etc. Caste and have caste certificate of Majhi, Scheduled
Tribe and in pursuance to it have got appointment in government service
or in educational institutes before 11.11.2005 shall have the protection
with respect to the said certificate.
That pursuant to the aforesaid circular this Hon`ble Court in identical
matters passed the final order in the matter of W.P. No. 3697 of 2017&
W.P. 9723/2006 on 27.09.2019 & 23.11.2019 (Annexure-P-11) and has
quashed the termination order and protection has been granted to the
 5

petitioner therein in the light of circular dated 01.01.2018. Hence this

petition interalia on the following facts and grounds:-
2. A DECLARATION THAT NO PROCEEDING ON THE SAME
SUBJECT MATTER HAS BEEN PREVIOUSLY INSTITUTED IN
ANY COURT, AUTHORITY OR TRIBUNAL, IF INSTITUTED,
THE STATUS OR RESULT THEREOF, ALONG WITH COPY OF
THE ORDER.
The petitioners declare that no proceeding on the same subject matter has
been previously instituted in any Court, authority or tribunal.
3. DETAILS OF REMEDIES EXHAUSTED:
The petitioner declares that he has availed all statutory and other
remedies.
4. DELAY, IF ANY, IN FILING THE PETITION AND
EXPLANATION THERE FOR:-
That, thereis no delay in filing this petition.
5. FACTS OF THE CASE:-
5.1 That, the petitioner is a citizen of India and thus enjoys all constitution
guarantees as provided under the Constitution of India.
5.2 That, Life Insurance Corporation of India is a central government
undertaking and is thus state within the meaning of Article 12 of the
Constitution of India and other respondents are its officer on whom this
Hon’ble Court can issue Writ, orders, directions in exercise of power
conferred under Article 226 of the Constitution of India.
5.3 That, the petitioner was appointed on 13.03.1981 and confirmed on
13.09.1981 and he has and has only 3 months of service left for
retirement. The is presently working on the post of Assistant
Administrative officer under the respondent Department. Copy of
Employer Certificate and personal data marked as Annexure P/2
respectively.
5.4 That, the petitioner has also been issued a caste certificate of Caste Majhi
which comes under the Scheduled Tribe by a competent authority on
22.01.1981. Copy of Caste Certificate marked as Annexure-P/3. The
office of Tahsildar, Tahsil City Center Gwalior and office of SDO,
Gwalior verified that the caste certificate dated 22.01.1981 issued with
the seal and signature of Executive Magistrate, Gwalior vide its
 6

verification report dated 12.02.2020 & 07.04.2016 and the same is marked
as Annexure-P/4 respectively.
5.5 That, the petitioner belongs to “Majhi” community and the same falls in
the Schedule Tribe category which has been mentioned at Serial No.29 in
the Gazette of the State of Madhya Pradesh, a copy of Gazette notification
in the year of 1976 is annexed herewith as Annexure-P-5.
5.6 That the respondents started the disciplinary proceedings under regulation
39 of the L.I.C. of India (Staff) regulations,1960 and issued the Charge
Sheet dated 05.10.2019 marked as Annexure P/6, in which charge
leveled against the petitioner was that the Caste Certificate dated
22.01.1981submitted by the petitioner at the time of appointment in the
year of 1981 is false and department enquiry conducted after the laps of
37 years of services when the petitioner has only 3 months of service
remaining for retirement. The petitioner denied the Charge framed against
him and filed the reply dated 05.11.2019, the same is marked as
Annexure P/7,
5.7 That, after the proceeding of enquiry, the enquiry officer filed the Enquiry
Report dated 26.06.2020 and the same is in favour of the petitioner
wherein it has been held that the charge leveled against the petitioner are
not established. Copy of Enquiry Report dated 26.06.2020 marked as
Annexure P/8,
5.8 That the State Government issued the circular dated 27.07.2017
inwhich clarified that prior to the year of 1996 there was no provision for
making application for grant of cast certificate and there was no format of
Cast certificate. There was no prescribed format and the record of same
was not maintained in the office of the issuing authority. It has further
been clarified that once the caste certificate is issued, then it will valid for
all department and it could not be said that the caste certificate is false
because it is not endorse in office of Collector, Copy of Circular dated
27.07.2017marked as Annexure P/9,
5.9 That, the State Government has issued the circular dated 01.01.2018 therein
stated that those person who belongs to Dhimar, Kewat, Kahar, Bhoi,
Mallhah etc. Caste and have caste certificate of Majhi, Scheduled Tribe
and in pursuance to it have got appointment in government service or in
educational institutes before 11.11.2005 shall have the protection with
 7

respect to the said certificate. Copy of circular dated 01.01.2018 is marked

as Annexure P/10, pursuant to the aforesaid circular this Hon`ble High
Court in identical matters passed the final order in the matter of W.P. No.
3697 of 2017 & W.P. 9723/2006b on 27.09.2019 & 23.11.2019, the same
is marked as Annexure-P- 11, respectively , wherein the Hon’ble Court
quashed the termination order and granted protection to the petitioner
therein in the light of circular dated 01.01.2018.
5.10 That, a circular has been issued on 05.04.2003 stating that people who
submitted the cast certificate i.e. permanent/non-permanent they are not
required to produce the its original or in any other profarma. Copy of
circular dated 05.04.2003 as received from website of GAD portal is
marked as Annexure-P-12. A circular further has been issued on
21.03.2013 that people who have already derived benefit by claiming
themselves belonging to the Majhi caste, status quo in respect of the same
may be maintained and no coercive action be taken against them. A copy
of circular dated 21.03.2013 is annexed herewith as Annexure-P-13.
5.11 That, from the aforesaid it is abundantly clear that the State Government
is recognizing “Majhi” caste as a caste belonging to Scheduled Tribe
category and has been issuing circular in that regard time to time and no
action in the matter is warranted.
5.12 That, to the utter surprise of the petitioner the respondent no. 1 did not
consider the Enquiry Report, Verification report and Circular of the State
Government regarding Caste Certificate and proposed to impose the
penalty of Dismissal in terms of Regulation 39(1)(g) of Life Insurance
Corporation of India(Staff) Regulations, 1960 and to further forfeit his
gratuity and pensionary benefits. It is further submitted that since the act
of submission of false caste certificate constitutes an offence involving
moral turpitude. It is submitted that after the laps of 37 years of service
the department enquiry had been conducted and petitioner has 3 months
of service remaining for retirement. Copy of impugned order/notice dated
04.09.2020 marked as Annexure P-1.
5.13 That, the High Power committee is constituted for the purposes of
verification of caste whether certain casts fall within the schedule of
Scheduled Caste and Scheduled Tribe . It is submitted that in the Civil
Appeal No 5854/1994 Madhury Patil and another Vs. Addl.
 8

Commissioner and others, AIR 1995 SC 94, the Hon’ble Apex Court has
held that validity of a caste certificate has to be examined by a High
Power Screening Committee. In this regard the GAD issued the circular
dated 16.05.2005 marked as Annexure P/14.
5.14 That, the matter of the caste certificate of the petitioner is pending before
the High Power Committee and without the outcome the result of High
Power Committee the respondent have issued the impugned order.
5.15 That the petitioner is aggrieved by the said impugned order/notice, hence
this writ petition interalia on the following grounds:-
6. GROUND URGED :-
6.1 Because the impugned action suffers from the vice of arbitrariness,
malafide, high-handed and capricious exercise of power.
6.2 Because the genuineness of the caste certificate can only be done by the
High Power Scrutiny committee and not by any other authority.
6.3 Because the action of the respondent no.1is violative of law laid down by
the Hon’ble Apex court in the case of Madhuri Patil Vs. Additional
Commissioner & others AIR 1995 SC 94= 1994 (6)SCC241.
6.4 Because, the cast certificate issued by the office of the Collector, same
has been verified by the their office despite of the impugned order has
been passed.
6.5 Because, the State Government from time to time has been issuing circular
to that effect that no action be taken against persons who have got benefits
in the category of Scheduled Tribe by mentioning their caste as Majhi and
thus in case of the petitioner also, no coercive action is warranted.
6.6 Because the impugned action violates the fundamental rights of the
petitioner as enshrined and guaranteed under the constitution of India.
6.7 Because the State Government has been time and again recognizing the
Sub cast of Majhi as Scheduled Tribe and protected the right despite of
that impugned show cause notice has been issued.
6.8 Because the petitioner belongs to “Majhi” community and the same falls
in the Schedule Tribe category which has been mentioned at Serial No.29
in the Gazette of the State of Madhya Pradesh.
6.9 Because, the impugned action is in gross violation of the principles of
natural justice.
 9

7. RELIEF SOUGHT :-
In view of aforesaid fact and ground of the case the petitioner most
humbly pray for following relief :-
7.1 To call the entire record pertaining to the issuance of impugned order dated
04.09.2020 (ANNEXURE-P/1) for kind perusal of this Hon’ble Court.
7.2 To issue a writ in the nature of certiorari quashing/ setting aside the
impugned order dated04.09.2020 (ANNEXURE-P/1) with relating to
proceeding, in the interest of justice.
7.3 To direct the respondent not to take any coercive action against the
petitioner in matter of conditioners of service governing the petitioner.
7.4 To issue a writ in the nature of prohibition restraining the respondents from
taking any coercive action against the petitioner in respect of the benefit
derived by him an on the ambit of the caste certificate issued to him in the
category of Scheduled Tribe in the interest of justice.
7.5 Any other writ, orders or direction as this Hon`ble Court deem fit and proper
looking to the fact and circumstance of the case.
7.6 Award the cost of the petition.
8. INTERIM ORDER, IF PRAYED FOR :-
In view of the facts and circumstances of the case, this Hon’ble court be
pleased to stay the operation of the impugned order dated-04.09.2020
(ANNEXURE-P/1) issued by respondent No. 1. It is also prayed that this
Hon`ble court may kindly be pleased to grant any other appropriate interim
relief as this Hon`ble Court deems fit in the facts and circumstances of the
case in the interest of justice.
9. DOCUMENTS RELIED ON BUT NOT IN POSSESSION OF THE
PETITIONER:-
The petitioners have filed the documents which have been relied on.
10. CAVEAT :-
That, no notice of lodging a caveat by the opposite party is received.

JABALPUR (Jagdish Sakalle)

DATE – 26.09.2020 Advocate for the petitioner
 10

IN THE HIGH COURT OF M. P. BENCH AT GWALIOR

Writ Petition NO. /2020

PETITIONER - Bharat Singh Batham

VERSUS

RESPONDENTS - LIC of India & others

AFFIDAVIT

I Bharat Singh Batham S/o Shri Babulal Batham,

aged about- 59 years , R/o BM-535, Deendayal Nagar, Gwalior District-
Gwalior (MP) do hereby solemnly affirm as under :-

1. That, I am petitioner in the instant Writ Petition and I am fully conversant

with the facts of the case.
2. That, the attached petition has been drafted on my instruction and the
content of the petition from Para 1 to 10 has been explained to me in
Hindi and I understood the same, which are true to my knowledge and
belief.
3. That, the documents filed along with the petition as Annexure are true
copy of its original.

DEPONENT

VERIFICATION

I, Bharat Singh Batham the above named deponent, do hereby verify that
the content of the aforesaid affidavit in Para 1 and 3 are true to my personal
knowledge and belief.
Verified and signed on this 26th September 2020 at Jabalpur.

DEPONENT
 11

IN THE HIGH COURT OF M. P. BENCH AT GWALIOR

Writ Petition NO. /2020

PETITIONER - Bharat Singh Batham

VERSUS

RESPONDENTS - LIC of India & others

List of Documents

S, Description of Documents Date of Original/ No.of

Document Copy pages
No,
1. Copy of impugned order 04.09.2020 Photo copy 03
2. Copy of Employer Certificate 1981 Photo copy 02
and personal data
3. Copy of Caste Certificate 1981 Photo copy 01
4. Copy of Caste Certificate 12.02.2020 & Photo copy 02
verification report 07.04.2016
5. Copy of the Gazette 20.09.1976 Photo copy 02
notification in the year 1976
6. Copy of Charge Sheet 05.10.2019 Photo copy 02
7. Copy of reply 05.11.2019 Photo copy 01
8. Copy of Enquiry Report 26.06.2020 Photo copy 03
9. Copy of GAD Circular 27.07.2017 Photo copy 03
10 Copy of GAD circular 01.01.2018 Photo copy 01
11. Copy of order passed in 27.09.2019 & Photo copy 09
identical matters 23.11.2019
12. Copy of GAD circular 05.04.2003 Photo copy 01
13. Copy of GAD circular 21.03.2013 Photo copy 02
14. Copy of GAD circular 16.05.2005 Photo copy 01
15. Application for urgent hearing 26.09.2020 Photo copy 01
16. Undertaking for service of notice 26.09.2020 Photo copy 01
to opposite party
17. Vakalatnama 26.09.2020 Photo copy 01

JABALPUR (Jagdish Sakalle)

DATE – 26.09.2020 Advocate for the petitioner
12

Annexure P/1
13
14
15

Annexure P/2
16
17

Annexure P/3
18

Annexure P/4
19
20

Annexure P/5
21
22

Annexure P/6
23
24

Annexure P/7
25

Annexure P/8
26
27
28

Annexure P/9
29
30
31

Annexure P/10
32

Annexure P/11
33
34
35
36
37
38
39
40
41

Annexure P/12
42

Annexure P/13
43
44

Annexure P/15
 45

IN THE HIGH COURT OF M. P. BENCH AT GWALIOR

Writ Petition NO./2020

PETITIONER - Bharat Singh Batham

VERSUS

RESPONDENTS - LIC of India & others

Application for urgent hearing during Covid 19 as per

“Video Conferencing & E -Filing Guidelines” dated 15 -04-
2020 for hearing of urgent matter through linkage mode.

The petitioner most respectfully submit as under:

1. Being aggrieved by the impugned order dated 04.09.2020 passed by the
respondent No.1, whereby the imposed the penalty of dismissal from the
service, therefore, the petitioner prefers the instant petition.
2. That, the impugned order is in violation of statutory circular of the state
Government and also violative the law laid down in the case of violative of
law laid down by the Hon’ble Apex court in the case of Madhuri Patil Vs.
Additional Commissioner & others AIR 1995 SC 94= 1994 (6)SCC241.
3. In view of the above, this Hon’ble Court may kindly be pleased to hear this
petition urgently through video conferencing on the question of grant of stay.
PRAYER

It is, therefore, prayed that in view of the peculiar circumstances, this

Hon’ble Court may kindly be pleased to hear this petition on urgent basis on
the question of grant of stay under the “Video Conferencing & E-Filing
Guidelines” dated 15-04-2020 through linkage mode.

JABALPUR (Jagdish Sakalle)

DATE – 26.09.2020 Advocate for the petitioner
 46

IN THE HIGH COURT OF M. P. BENCH AT GWALIOR

Writ Petition NO./2020

PETITIONER - Bharat Singh Batham

VERSUS

RESPONDENTS - LIC of India & others

Undertaking

as per Clause (6) of the “Video Conferencing & E -Filing

Guidelines” dated 15-04-2020 Regarding service of e-mail notice
on the Respondents Counsels:

The petitioner named above beg to submit as under:

1. That the soft copies of the present petition and IA for
urgent hearing along with all relevant
documents/annexures in the matter have been sent to the
e-mail id of opposite party counsels and respondents
LIC of India :
Shri Sunil Kumar Jain, E.No. 127 of 1991
Sunil_adjain@yahoo.co.in & lhpf.gwalior@licindia.com
2. The copy of the screenshots showing that the said email
has been sent to the respondents counsels & respondents
is annexed as Annexure-C/1.
3. That, no intimation has been received indicating that the
e-mail message as at (1) above could not be delivered at
the intended e-mail address.
4. That, the petitioner is giving under taking when the court
will reopen he will file the notarized petition, therefore,
may kindly be ignoring of the default of filing non-
notarized affidavit of the petitioner and default
pertaining to documents, if any, filed along with this
petition

JABALPUR (Jagdish Sakalle)

DATE – 26.09.2020 Advocate for the petitioner
 47

Annexure-C/1.

Advance copy sent to opposite par ty

Advocate Shri Sunil Kumar Jain E.No. 127 of 1991

Advance copy sent to opposite party office of LIC