UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH HIGH COURT CAMPUS CHENNAI 104

JUDGEMENT

(1.) THE Union of India is aggrieved by the order of Central Administrative Tribunal by which it was directed to open a sealed cover in which the assessment of fitness of the respondent Vasu for promotion to the post of Inspector of Income-tax was kept, in view of the pendency of an inquiry which was then in progress. The inquiry was in relation to the alleged fraud committed by the employee Vasu in having secured an appointment for the post reserved for the Scheduled Tribe on the strength of a certificate issued by the Tahsildar, Dindigul in which it was stated that he belonged to Kattunaicken community, a Schedule Tribe.

(2.) THE annexures to the charge memo issued to the said Vasu set out the facts that according to his S.S.L.C. book his community was described as 'Gavara' which is backward class; that in his Transfer Certificate dated 5.12.1977 issued by the Principal, H.H. The Rajah's College, Pudukottai, his community was mentioned as 'Gavara'; that he had been awarded backward class scholarship in the college; that he had produced community certificate dated 21.8.1972 issued by the Headquarters Deputy Tahsildar, Dindigul stating that he belonged to the 'Gavara' community, and that the copy of a document No. 1861/1940 in the name of the applicant's step-grandfather showed that he belonged to the 'Gavara' community.

(3.) TAKING advantage of that decree, Vasu filed a fresh application before the Tribunal in O.A. No. 1275 of 1995 and the Tribunal relying on the decree which, it did even after it noticed the judgment of the Supreme Court in the case of State of Tamil Nadu v. A. Gurusamy, 1997(2) CTC 114 : 1997(3) SCC 542, held that as long as the decree stood, Vasu could not be denied the status of a scheduled tribe candidate and the sealed cover should be opened and the order be passed regarding his promotion one way or the other. That order of the Tribunal was made on 16.2.1998.