D CHITRA Vs. COLLECTOR SALEM DISTRICT SALEM

JUDGEMENT

(1.) THIS petition is a classic example of the abuse by the petitioner.

(2.) THE petitioner in this writ petition has challenged the proceedings of the second respondent dated 15.5.1993 bearing No.MAD 3(2)93-S. By that communication, it was informed to the petitioner by the Station Director, All India Radio, Madras (2nd respondent herein), that the community certificates, which she had filed in support of her claim that she belongs to Scheduled Tribe community, were produced by her from Special Tahsildar (Debt Relief) and Special Tahsildar (Forest Settlement) did not meet the requirement at those Tahsildars were not competent to issue the certificates as per the letter No.D. Dis.16726/90(D10), dated 13.9.1990, issued by the Collector, Salem. It was further pointed out that inspite of three opportunities given to her on 10.7.1992, 29.10.1992 and 22.1.1993, she did not produce the required certificate from the Revenue Divisional Officer, who was the competent authority to issue such certificate and, therefore, she was being given one month's notice to produce the community certificate from the competent authority failing which, her services would be terminated with effect from 14.6.1993 without any further notice. Before we approach the question, few facts would be essential.

(3.) PETITIONER kept a silence over this for almost three months and sent a reply on 9.10.1992 that the matter of verification of cast/community was under progress at the Collectorate and the Collector had called for the original documents which were being produced and that she would keep the office informed of the development out of the verification proceedings. She also wrote that the Revenue Divisional Officer may not be in a position to issue the certificate but she would try to produce a certificate from the Revenue Divisional Officer at the end of the verification proceedings. She also pointed out that as per the brochure on reservation for Scheduled Castes and Scheduled Tribes, a certificate from the officers not below the rank of a Tahsildar was a sufficient for the purposes of employment in the Central Government organisations.