S RAVI Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The Petitioner seeks writ of certiorarified mandamus seeking to quash the proceedings of the Respondent in IRD/184/1/2000 dated 3.5.2000 dismissing him from service and to direct the Respondent Bank to reinstate him into the service of the Respondent Bank with all attendant benefits.

(2.) The Petitioner claims to be belonging to KONDA REDDY community. The Petitioner was appointed as Clerk-cum-Sheriff in Respondent Bank on 2.5.1980 against a reserved quota for Scheduled Tribe community. He produced community certificate dated 31.8.1978 issued by the Tahsildar, Tirunelveli. Later the Petitioner was confirmed and promoted as Special Cadre Assistant. In the year 1988, a complaint was received by the Bank stating that the information given by the Petitioner that he belongs to KONDA REDDY community was wrong. Therefore, by order dated 25.3.1988, the Respondent bank requested the Collector to enquire into the matter. The Sub-Collector, Cheran Madevi conducted thorough enquiry and forwarded the report to the Collector. After giving opportunity to the Petitioner, District Collector passed the order dated 6.11.1992 holding that the Petitioner does not belong to KONDA REDDY community and cancelled the certificate. Based on the Collector's order, Respondent Bank issued a show cause notice on 2.12.1992. At that stage, challenging the order of the Collector, Petitioner filed W.P.No.18777 of 1992 and obtained interim stay. The Writ Petition was dismissed on 15.3.2000 holding that all the provisions of law have been followed and that only after local enquiry the competent authority has found that the Petitioner does not belong to KONDA REDDY community and that he belongs to Reddiar community and the learned single Judge held that the community certificate was rightly cancelled.

(3.) Suppressing the dismissal of the Writ Petition, Petitioner filed a Civil Suit in O.S.No.104 of 2000 on the file of District Munsif's Court, Valliyur to declare that the Respondent Bank had no right to take any proceedings on the basis of community certificate. Though an interim injunction was initially granted, it was vacated on 14.7.2000.