Mukesh Kumar Barman Manjhi vs The State Of Madhya Pradesh

Court
Madhya Pradesh High Court

NEUTRAL CITATION NO. 2026:MPHC-JBP:85054
1 WA-3472-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE B. P. SHARMA
rd
ON THE 23 OF OCTOBER, 2026
WRIT APPEAL No. 3472 of 2026
CNR No.: MPHC010706472026
MUKESH KUMAR BARMAN MANJHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vijay Shukla - Advocate for appellant.
Shri Rajesh Tiwari - Government Advocate for respondents/State.
ORDER
Per: Justice Vivek Rusia

Being aggrieved by the order of the Hon’ble Single Bench of this Hon’ble
Court on 10.09.2026, passed in W.P. No.25362/2026, in the case of Mukesh
Kumar Barman (Manjhi) v. The State of M.P. , the petitioner/appellant has
filed this writ appeal.
1. The appellant/petitioner filed the writ petition challenging the letter
dated 10.03.2025 whereby the SDO, Ranjhi, has cancelled his caste
certificate dated 01.08.2022 and also directed for registration of FIR against
the petitioner. On the basis of said communication to the Executive Director,
Madhya Pradesh Power Generating Company Limited, the appellant
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 27-10-2026
14:48:24

NEUTRAL CITATION NO. 2026:MPHC-JBP:85054
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/petitioner has been placed under suspension vide order dated 14.05.2025.

The Writ Court has dismissed the writ petition in limine without notice to the
respondents; hence this Writ Appeal.
2. The facts of the case in short are as follows- The appellant/petitioner
belongs to a member of 'Manjhi' caste . He obtained a caste certificate of
Scheduled Tribe (ST) category from SDO (Revenue), Tahsil Jabalpur, on
13.10.2010. Thereafter, a fresh and permanent digital certificate was issued
on 01.08.2022 by the same Sub-Divisional Officer (R) Ranjhi, Jabalpur.
3. The MP Power Generation Company advertised the post of Assistant
Engineer (Production) under the reserved category 'Scheduled Tribe'. The
appellant was selected for the said post and has been working in the company
since 2011. The Executive Director of the MP Power Generation Company
sent the case certificate of the appellant for verification to the SDO
(Revenue), Ranjhi. In order to verify the said certificate, the SDO conducted
an enquiry behind the back of the appellant and cancelled the caste certificate
dated 01.08.2022 and also directed for registration of FIR.
4. Admittedly, before cancellation of the caste certificate, no opportunity
of hearing was given to the appellant. Learned counsel for the appellant
submits that, had the opportunity been given to the appellant, he would have
satisfied that the caste certificate dated 01.08.2022 was validly issued after
verifying all the necessary documents. The writ Court has also dismissed the
writ petition without notice to the respondents while upholding the impugned
order dated 10.03.2025.
5. Heard learned counsel for the parties and perused the record.
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 27-10-2026
14:48:24

NEUTRAL CITATION NO. 2026:MPHC-JBP:85054
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6. The caste certificate of 13.10.2010 was issued by SDO, and thereafter

the permanent caste e-certificate was issued on 01.08.2022 by the same
authority. On the basis of the caste certificate, the appellant was given
appointment to the post of Assistant Engineer in the MP Power Generation
Company. Therefore, a right was created in favour of the appellant. It is a
settled law that any right created in favour of a person cannot be taken away
without following the principles of natural justice. Even if the SDO opined
that the caste certificate is liable to be cancelled, then also an opportunity of
hearing ought to have been given to the appellant. The appellant came to
know about the communication dated 10.03.2025 only when he was placed
under suspension. Therefore, the order dated 10.03.2025 (Annexure P/6 of
WP) is unsustainable and liable to be quashed. Learned Government
Advocate submits that the matter may be remitted back to the SDO
(Revenue), Ranjhi, who shall pass a fresh order after giving an opportunity to
the appellant. We hereby accept such submission and direct the Sub-
Divisional Officer to give an opportunity of hearing to the appellant before
passing any adverse order against him. Since the appellant is under
suspension, the enquiry be completed within a period of three months.
7. It is made clear that it is not to be enquired whether the appellant
belongs to the 'Manjhi' Scheduled Tribe cast or not; hence this matter is not
liable to be referred to the High Power Scrutiny Committee. The allegation
against the appellant is that he had wrongly obtained the caste certificate
from Sub Divisional Officer, Ranjhi, Jabalpur, whereas he was a resident of
District Shahdol. Hence the Sub Divisional Officer shall confined his
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 27-10-2026
14:48:24

NEUTRAL CITATION NO. 2026:MPHC-JBP:85054
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enquiry only in respect as to who is the Competent Authority to issue the

case certificate to the appellant.
8 . In view of the above, the order dated 10.09.2026, passed in W.P.
No.25362/2026, in the case of Mukesh Kumar Barman (Manjhi) v. The State
of M.P. & others is set aside and writ appeal is allowed.
(VIVEK RUSIA)
(B. P. SHARMA)
JUDGE
JUDGE
L.Raj

Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 27-10-2026
14:48:24