( 1) Where the Scrutiny Committee, after receipt of the complaint, feels it appropriate to take assistance of the District Vigilance Cell and initiates the proceedings for verification of genuineness of a Caste Certificate issued by the Competent Authority, it shall proceed in the following manner, namely :—
(a) the Scrutiny Committee, shall forward the petition to the concerned District Vigilance Cell for conduct of inquiry into the-case by its officer;
(b) the Inspector of Police of the concerned area, where the candidate whose social status is to be verified originally hails or usually resides, shall go to the local place of residence and original place from where the candidate hails and usually resides orin case of migration to the town or city, the place from which he originally hailed from and shall collect the information regarding ethnological traits , deity, rituals, cusfoms, mode of marriages, death ceremonies, method of burial of dead bodies etc. by the concerned castes or tribal communities.,
(c) the Inspector of Police shall personally verify and collect all the facts of the social status claimed by the candidates or the parent or guardian, as the case may be, and examine the school records, birth registration, if any;
(d) the Inspector of Police shall also examine the parent, guardian of the candidates in relations to their castes etc. or such other persons who have knowledge of the social status of the candidate and:then submit a report to the Scrutiny. Committee together with all the particulars necessary;
(e) in particular, about the'Scheduled Tribes, the Inspector of Police of the area concerned shall enquire relating to their peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriages, death ceremonies, method of burial of dead bodies etc.
by the concerned tribes or tribal communities;
(f) for conducting the enquiry, the. Inspector of Police may take assistance of the' local Tahasildar or Revenue Inspector and peruse the revenue records as may be necessary;
and
(g) after the completion of the enquiry, the District Vigilance Cell shall take steps to prepare a report which shall be submitted to the Scrutiny Committee having a definite logical conclusion along with supporting documents within a period of two months from the date of receipt of the petition for enquiry.
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(2) In case of failure to submit the enquiry report within the period stipulated in sub-rule (1), the officer-in-charge of the District Vigilance Cell or its concerned enquiring officer shall be summoned to appear before-the Scrutiny Committee to explain the reasons of delay orally and also in writing and if the reasons are found satisfactory, the Scrutiny Committee may grant extension of time not exceeding one month and for unsatisfactory explanations and failure to submit report by the end of extended time period, the Scrutiny Committee shall record its adverse remarks on the conduct of the enquiring officer in his report and forward the same to the concerned Superintendent of Police for necessary disciplinary action against the officer concerned and ask for conduct of enquiry and submission of report within next two weeks by engaging another officer, if so required.
(3) While conducting enquiry, the concerned officer shall observe the principles of natural justice and shall issue notice to the person whose certificate is under verification and provide such person a reasonable opportunity to defend and to produce records, statements and witnesses in support of defence, as may be required, in all stages of enquiry.
(4) The Scrutiny CoMmittee shall also intimate the complainant and the alleged person to attend and co-operate in the process of enquiry and their act of non-co-operation, if so found, shall be recorded in the proceedings of enquiry and will be taken into consideration by the Scrutiny Committee while passing the final order.
(5) After receipt of the enquiry report from the District Vigilance Cell, the Scrutiny Committee shall hold its meeting to scrutinize the report and in case it is not found to be satisfactory, the Scrutiny Committee shall record its observations in its proceedings which shall be intimated to the District Vigilance Cell with the direction to conduCt re-enquiry with reference to the observations of the Scrutiny Committee and to submit. he report within a period of one month failing which the procedure as per sub-rule (2) shall be followed.
(6) The entidirY-Teri4eie&in the District Vigilance Cell, if found satisfactory by the .Scrutiny CoMmittee,- it shall proceed-to the: ext stage of`asking for show cause reply from the person whose certificate is under verification and the Member-Convener of the Scrutiny Committee shall send the notice along with the copy of the enquiry report and the copy of the complaint petition to such person asking for shoW cause reply, and if such person wants to avail the opportunity of personal hearing before the ScrutinyCommittee, he shall appear in person or through his authorized representative within fifteen days from the date Of receipt of such.notice.
(7) The period stipulated under sub-rule (6) may be extended by the Scrutiny.Committee for a further period of fifteen daysuppri receipt of written:request from him on reasonable grOunds:
(8) In case of failure of the'person to submit show cause reply either by written statement or by personal appearance Within the stipulated period, he shall be given the second and last chance to appear before the Surutiny Committee on the scheduled date and time along with his show cause " reply and for personal hearing; if he so desires.
(9) After receipt of the 'show cause reply from the person, opportunity of personal hearing may be offered to such person and notice shall also be issued to the complainant and the witnesses on both the sides summoning them for their appearance before the Scrutiny CoMmittee on the date and time to be fixed by the Scrutiny Committee.
(10) The concerned field officers like the Enquiring Officer or an officer of the District Vigilance Cell, the District Welfare Officer or the Additional District Welfare officer, the Tahasildar or the Additional Tahasildar haVing knowledge of the faCts and findings of the case may also be summoned to appear on the date of personal hearing to appraise the Scrutiny Committee about the case by submission of relevant records and their written statements.
222 THE ODISHA GAZETTE, OCTOBER 4, 2019/ASW INA 12, 1941
(11) While conducting the personal hearing, the person whose certificate is under velcation shall be offered - an opportunity of hearing the depositions of the complainant and their witnesses first and an opportunity to cross-examine them so that he can defend himself by submission of his written statement of defence, production of relevant records and witnesses and observing the principles of natural justice and the proceedings of the personal hearing shall be transparent providing such person full opportunity to defend himself against the allegation and the Scrutiny Committee may also some leading questions to the complainant and the alleged person during the hearing to ascertain the truth.
(12) Except in extraordinary circumstances, the failure to submit the show cause reply by the stipulated time period and failure for appearance for personal hearing before the Scrutiny Committee on the scheduled date and time by the alleged person shall not ordinarily be pardoned by the Scrutiny Committee without reasonable grounds to be communicated in writing by the alleged person to Chairperson or Member-Convener of the Scrutiny Committee.
(13) To ensure that the notice for show cause reply and the notice for personal hearing issued by the Member-Convener of the Scrutiny Committee is delivered to the alleged person in the address in which he is available at that time, it shall be sent by Registered Post or Speed Post erned c or through reliable official channels and the records of dispatch and delivery shall be kept in the conc record.
(14)After conducting the personal hearing, the Scrutiny Committee shall issue proclamation through the concerned District Welfare Officer and Tahasildar in the locality of the alleged person of inviting objections from persons and registered organizations within fifteen days froth date issue of proclamation by beat of drum or any other mode and to accomplish the task, the Member Convener of the Scrutiny Committee shall send the copies of the allegation petition, the enquiry ts report of the District Vigilance Cell, the show cause reply of the alleged person and the statemen of the alleged person, the complainant and the witnesses recorded during personal hearing to the concerned District Welfare Officer or Tahasildar translated into the local language.
(15) Any person or organization who wants to say anything in the case, shall intimate the Chairperson of the Scrutiny Committee in writing adducing evidenceS either throug tip he concerned District Welfare Officer or the Tahasildar, as the case may be, or directly within the ulated period of fifteen days after which no petitions shall be entertained.
(16) Within a week from the date of expiry of the period of fifteen days, the District Welfare Officer or Tahasildar, as the case may be, shall intimate the Member-Convener of the Scrutiny Committee about thOdate of proclamation and the petitions received from any quarter.
(17)1n case the petitioner wants to be heard in person and to adduce evidences before the Scrutiny Committee he shall be allowed to do so either in person or through counsel.
(18) The date of hearing to be fixed by the Scrutiny Committee shall be duly intimated to such petitioner and the hearing shall be conducted transparently in presence of the alleged person and his counsel, if any, providing him the opportunity to defend himself and the proceedings of the hearing shall be recorded.
(19) After the hearing, if so required, the Scrutiny Committee nay make further enquiries through the District Vigilance Cell and other concerned officers to gather evidences and ascertain the truth and thereafter the process of enquiry shall be concluded.
PART III-A
PART III-A THE ODISHA GAZETTE, OCTOBER 4, 2019/ASVVINA 12, 1941 223 ...f.M1•11 11•11•1,
(20) After conclusion of the process of enquiry, the Chairperson of the Scrutiny Committee shall fix up a date for consideration of the facts and findings of the case and pass the final speaking Order and if any new facts come to notice, the Scrutiny Committee shall decide to address the same in the manner as it may like and then pass the final order.
(21) The final order of the Scrutiny Committee shall be intimated for necessary action to the alleged person, the Collector and District Magistrate, Superintendent of Police, District Vigilance Cell, District Welfare Officer and Tahasildar of the district, to the concerned authorities through whom the alleged person has availed the benefits of reservation including the appointihg authority, the authority Of the educational institution where he has taken admission, the authority under whom he is an elected People's representative or the authority under whom he has made land transactions, whichever is applicable with the direction to report compliance within a month.
(22) In case the Caste Certificate is found to be valid after verification by the Scrutiny Committee, a Validity Certificate shall be granted by the Scrutiny Committee in Form D.