V RAMACHANDRAN Vs. COLLECTOR OF TIRUCHY DISTRICT TIRUCHY

JUDGEMENT

(1.) Aggrieved by the order of the Collector, Trichy dated 21-6-89 cancelling the community certificate dated 25-6-77 issued by Tahsildar, Thuraiyur holding that the petitioner belongs to Konda Reddy community, the petitioner has filed the above writ petition to quash the said order and consequently restrain the third respondent-Syndicate Bank from taking any further proceedings pursuant to the said order of the first respondent dated 21-6-89.

(2.) The case of the petitioner is briefly stated hereunder: According to him, he belongs to Konda reddis community which is one of the communities listed in the list of Scheduled Tribes in the Constitution (Scheduled Tribes) Order, 1950, passed by the President of India. He was selected as a clerk by the third respondent Bank under the quota reserved for Scheduled Tribes on an application made by him some time in 1983. He was posted to Gudalur Branch, the Nilgiris District and he joined the said branch on 12-11-84. He was confirmed as Clerk with effect from 12-5-85 by their proceedings dated 1-6-85. At the time of his application and subsequently he had produced the community certificate issued to him by the Tahsildar, Thuraiyur dated 25-6-77. The said certificate was issued after due enquiry and after following the procedure. While so, the third respondent referred his certificate to the first respondent for verification, who in turn, delegated the same to the second respondent. Pursuant to the said direction, the second respondent-Revenue Divisional Officer, Musiri, Tiruchy District, issued a notice to the petitioner on 5-5-88, asking him to appear for an enquiry on 6-6-88 at 11 a.m. before him. He submitted his written explanation stating that he belongs to Scheduled Tribe community of Konda reddis. He also prayed for a personal hearing to examine his witnesses. Without personal hearing by the second respondent as demanded, the first respondent issued a show cause notice dated 18-5-89 asking him to show cause why his community certificate should not be cancelled. To this he sent a letter to the first respondent requesting to supply a copy of the alleged report of the Revenue Divisional Officer and other documents referred to therein. Without acceding to his request, the first respondent, by the impugned order dated 21-6-89, cancelled his community certificate. Hence the present writ petition.

(3.) The first respondent-District Collector has filed a counter affidavit disputing the various averments made by the petitioner. It is stated that pursuant to the request made by the Syndicate Bank-third respondent herein, the first respondent instructed the second respondent-Revenue Divisional Officer, Musiri to conduct a discreet enquiry at the parental village i.e., Eragudi village, Thuraiyur taluk. The Revenue Divisional Officer conducted a discreet enquiry in the village itself, enquired the Village Administrative Officer and other villagers and submitted a report to the Collector stating that the petitioner does not belong to Konda Reddi (Scheduled Tribe), but belongs to Hindu Reddiar (F.C). Based on his report, a show cause notice was issued to the petitioner by the first respondent to appear on 30-5-89. Instead of appearing on the said date, he sent a letter on 29-5-89 requesting to supply copies of certain enquiry records of the Revenue Divisional Officer, Musiri. Since the first respondent has passed the impugned order, after considering the report of the Revenue Divisional Officer and the statements of villagers obtained by him, as well as the conclusion arrived at therein, there is no ground for interference in this writ petition.