V GURUSAMY Vs. COLLECTOR OF MADURAI MADURAI

JUDGEMENT

(1.) V. Guruswamy, the petitioner herein, has filed this writ petition seeking for the issue of a writ of certiorari calling for the records relating to the proceedings of the Collector of Madurai in Na.Ka.No. 1336108/92 Adi-8 dated 19.3.1993 and quash the same.

(2.) THE short facts which are relevant for the disposal of this writ petition are as follows:- THE petitioner was initially appointed as "Temporary Messenger" by the second respondent-Bank on 26.8.1985, under reserved Scheduled Tribe category by declaring himself as "Kammara" community. Subsequently on 20.8.1992, he was promoted to the Clerical cadre and posted to the second respondent'sbranch at Vembakkottai. At the time of joining service with the second respondent, he had produced a community certificate dated 13.4.1983 issued by the Tahsildar, Usilampatti for proving his caste status. In th e year 1992, the second respondent, on the basis of a complaint received in regard to his community certificate, referred the matter to the Collector of Madurai, the first respondent herein, for verification of the certificate produced by the petitioner. THE first respondent-Collector, in turn, issued instructions to the Revenue Divisional Officer, Usilampatti to enquire into this and make a report about the genuineness of the community certificate. THE Revenue Divisional Officer, after enquiry, sent a report to the Collector of Madurai to the effect that the petitioner does not belong to Kammara Community, but belongs to Vadugan community which is a backward community and hence, the community certificate is a bogus one. After receipt of the said report, the personal enquiry was conducted on 15.3.1993 by the District Adi Dravidar Welfare Officer, Madurai on behalf of the Collector. After examination of the records produced by the petitioner, the impugned order has been passed by the first respondent cancelling the community certificate. Aggrieved by the said order, this Writ Petition has been filed by the petitioner.

(3.) THE Division- Bench of this Court in D. Illamaran v. Govt. Of India, 1996 W.L.R. 482 would hold as follows:- "Whenever the question arises, as to whether a person belongs to a particular community recognised as the schedule Tribe or Schedule Caste, decision has to be taken by the Collector of the District, after holding due enquiry and in such case, he may himself hold an enquiry or direct the Revenue Divisional Officer to hold an enquiry and submit a report, in the event the Collector adopts the latter course, he has to make available a copy of the report submitted by the Revenue Divisional Officer to the concerned person and give him an opportunity to file his objections and adduce evidence, if any, and then decide the matter after hearing the aggrieved person, in the instant case the petitioner."