T. ESAKKIAMMAL Vs. THE SENIOR SUPERINTENDENT OF POST OFFICES AND THE COLLECTOR AND CHAIRMAN DISTRICT LEVEL VIGILANCE COMMITTEE TIRUNELVELI

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents. The petitioner has stated that she belongs to Hindu Archakarai Vellala Community, which is recognised as a backward community, as per the order passed by the Government of Tamil Nadu in the year, 1985. The said community has also been classified under the category of other Backward Class Community, as per the orders of the Government of India. The Thasildar, Tirunelveli Taluk, had issued a community certificate, dated 6.10.1997, stating that the petitioner belongs to Hindu Archakarai Vellala Community. The said certificate had been issued after proper local enquiry, by the said Thasildar, and on proper verification of the relevant records.

(2.) THE petitioner has further stated that she has been appointed as a Postal Assistant, during the year, 1998, under the first respondent Department. The petitioner had completed nearly 15 years of service. While so, during the month of March, 2002, a discreet enquiry is said to have been made, by the District Level Vigilance Committee, Tirunelveli, and certain materials had been collected by the said Committee. Thereafter, on 2.10.2002, an order had been passed cancelling the community certificate of the petitioner. The petitioner's claim is that the said order had been passed by the second respondent without considering any of the documentary evidence available on record and the statement of the villagers residing in the locality concerned and the other persons, who would have given the necessary information regarding the community of the petitioner. Therefore, the petitioner had filed the writ petition before this Court, in W.P. No. 39840 of 2002. This Court had passed an order, dated 30.6.2010, setting aside the order passed by the second respondent on the ground that the committee had not been validly constituted. Therefore, the matter had been remanded for fresh consideration by a competent committee consisting of three members.

(3.) IT had also been stated that the statements of the Village Administrative Officer concerned, the Thalaiyari and the other functionaries of the village had also been submitted to the second respondent committee. However, the second respondent committee had rejected the claim of the petitioner that she belongs to Hindu Archakarai Vellala Community. Based on the order of the second respondent committee cancelling the community certificate, dated 6.10.1997, which had been issued in favour of the petitioner, the first respondent is likely to initiate departmental proceedings against the petitioner. In such circumstances, the petitioner has filed the present writ petition before this Court challenging the impugned order of the second respondent, dated 13.9.2013, under Article 226 of the Constitution of India.