N. SHIVASHANKAR Vs. DIRECTOR

JUDGEMENT

(1.) The present petition is preferred by the workman assailing the following orders/memorandum:

(2.) The brief facts of the case are that, the petitioner was issued with a caste certificate in Form No.1 that he belonged to "Kaniyan" caste (ST) notified Scheduled Tribe Community and on the basis of the caste certificate, the petitioner got appointed as a Group "D" employee in the Postal Department under respondent No.4. It appears that one Gowrishankar a Clerk in the General Post Office ("GPO") made a complaint to the Director of Accounts (Postal) G.P.O. against the petitioner, alleging that the petitioner had obtained a false caste certificate. On the basis of the complaint, an enquiry was conducted by the Superintendent of Police, Directorate of Civil Rights Enforcement Cell ("DCRE Cell" for the sake brevity) and a report was submitted that the petitioner belonged to "Kaniyar" Backward Tribe and not "Kaniyan" Scheduled Tribe. Based on the said report, respondent No.2-the District Caste Verification Committee ("DCVC" for short) conducted the proceedings relying on the report submitted by the said DCRE Cell and DCVC passed an order directing respondent No.3 to cancel the petitioner's caste certificate, pursuant to which, respondent No.3 - the Tahsildar cancelled the caste certificate.

(3.) Subsequently, the DCRE Cell sent a letter to the Director of Accounts - respondent No.4 recommending to take disciplinary action against the petitioner. Charge sheet was issued to the petitioner and the Enquiry Officer submitted a report holding that the petitioner is guilty of the charge. In the meanwhile, petitioner preferred appeal No.6/2015-16 before respondent No.1 against the order passed by respondent No.2 - DCVC canceling the caste certificate. This being the state of affairs, the writ petition was filed in W.P.No.59033/2015 before this Court on the ground that respondent No.1 has not considered the appeal and this Court disposed of the appeal directing respondent No.1 to pass appropriate orders and dispose of the appeal within four months and not to precipitate the matter till the disposal of the appeal.