R BALAGURU Vs. CHAIRMAN CHENNAI PORT TRUST CHENNAI

JUDGEMENT

(1.) THE petitioner obtained the Kondareddi-Scheduled Tribe community certificate dated 5.3.79 from the Tahsildar, Mettur. On the strength of the said certificate, he was appointed as Chargeman in the respondent-Chennai Port Trust in the year 1980. After reaching 58 years of age and while working as Foreman, he was to retire on 31.1.2008. As there was enhancement in the retirement age, he continued in service and accordingly retired on 31.1.2010.

(2.) WHILE he was in service, a complaint dated 18.9.92 was received by the respondent-Chennai Port Trust stating that the petitioner had secured employment by producing a false community certificate. The genuineness of that certificate was sought to be verified by the respondent-Chennai Port Trust and for that purpose, the District Collector was addressed on 23.12.92 to examine the certificate. Pursuant to the said request, the Revenue Divisional Officer, Mettur directed the petitioner to appear for enquiry on 13.6.94 and there were few adjournments. The petitioner questioned the proceedings pending before the Revenue Divisional Officer by filing W.P.No.14407 of 1994 on the ground that the Revenue Divisional Officer has no jurisdiction to go into the genuineness of the community certificate. WHILE entertaining the writ petition, this Court granted an interim order of stay. Ultimately, the writ petition was dismissed on 19.6.2002 with a direction to complete the enquiry in terms of the directions issued by the Supreme Court in Kumari Madhuri Patil v. Additional Commissioner, Tribal Development and others, AIR 1995 SC 94.

(3.) WE have heard Mr.V.Vijay Shankar, learned counsel for the petitioner, Mr.R.Karthikeyan, learned standing counsel for the respondent-Chennai Port Trust and Mr.M.Dhandapani, learned Special Government Pleader for the State Level Scrutiny Committee.