S NAMACHIVAYAM Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) This writ appeal is directed against the order dated 12 June, 2008 in W.P.No.16468 of 1998 whereby and whereunder the learned Single Judge negatived the request of the appellant to drop all further proceedings pursuant to the charge sheet issued to him on 23 September, 1998, in view of the decree granted by the Civil Court in O.S.No.274 of 1996. THE FACTS:-

(2.) The appellant was appointed as an unskilled labourer in the Cold Mill Production Unit of Bharat Heavy Electricals Limited at Trichirappalli under the quota reserved for Scheduled Tribes. At the time of his appointment, he had produced a community certificate indicating that he belonged to Konda Reddy Community notified as Scheduled Tribe under the Constitution (Scheduled Tribes), Order, 1950 issued by the President under Article 342 of the Constitution of India. The Community Certificate issued by the Tahsildar, Thuraiyur dated 21 September, 1977 was counter signed by the Village Munsif and the Revenue Inspector. Subsequently, as per the directions of the employer, another community certificate was produced on 19 January, 1979 obtained from the First Class Magistrate, Kulithalai. The appellant was later promoted as a semi-skilled worker.

(3.) While so, an enquiry was commenced in the year 1988 with respect to the community status of the petitioner on the basis of anonymous petitions received from third parties. The District Collector, Trichirappali conducted the enquiry and passed an order cancelling the community certificate issued to the appellant. The said order was challenged by the appellant along with others in W.P.No.5724 of 1991. The said writ petition was allowed with liberty to the authorities to conduct fresh enquiry. Subsequently, the District Collector conducted fresh enquiry and passed an order on 7 February,1991 confirming the earlier order of cancellation. Since the District Collector has cancelled the Community Certificate of other individuals also, batch of writ petitions were filed before this Court.