BALAGOVINDA RAO Vs. DEPUTY CHAIRMAN

JUDGEMENT

(1.) THE petitioner hails from Dharmavaram in Vizianaragam District of Andhra Pradesh. According to the petitioner, he belongs to " Konda kappu " community, which is notified to be a Scheduled tribe. On the strength that the petitioner was issued with a community certificate dated 1. 7. 1983 issued by the Tahsildar ,s- Kotta , certifying himself to be belonged to " Konda Kappu " community, which is notified to be a Scheduled Tribe , he secured appointment as Mazdoor ( PW )in Chennai Port Trust on 17. 7. 1984. It appears that thereafter he was promoted to higher post and presently he is working as Maistry

(2.) CHENNAI Port Trust, on verification of the certificate produced by the petitioner, came to a prima facie conclusion that the said certificate was bogus/fake, called for a report from the District Collector, Vizianagaram as to the fact whether such certificate was issued to the petitioner by the authority competent to issue the same in the letter dated 23. 11. 1995. By the proceedings dated 24. 02. 1996 the District collector, Vizianagaram sent the communication to the chennai Port Trust which reads as follows: " (M) D. Dis. 2473/95c7 dt. 24. 2. 96. Collector's Office Vizianagaram From To Sri T. Vijkaykumar IAS The Secretary Collector, Vizianagaram Port Trust, Madras Sir, Sub: Establishment-Verification of the community certificate produced by Sri Balagovinda Rao , Asst. Maistry T. No. 2840 Dept. ,-Information - reg. Ref: Your Lr. No. SCT2/13371/93 dt. 23. 11. 95 With reference to your letter cited, the require d information is given below:- i. Whether an enquiry was There is no such conducted and the indivi person in Dharmavaram dual given opportunity as (V)ofs. Kota (M) as per i s being done by Tamilnadu the enquiry f the Mandal Government. Revenue Officer, S. Kota ii. Whether cancellation According to the reportof the community certi - of the Mandal Revenue ficatedt. has ordered ---- Officer,s. Kota no S. T. Caste certificate was issued. Hence issue of cancel orders does not arise. iii. Whether the original Since the certificate community certificate produced by the candi -of the individual for date might be a fake cancellation one, the Port Trust authorities Madras maytake further action after giving an oppor - tunity to the individual for being heard. Yours faithfully, S/d. Pardhasaradhi for Collector Vizianagaram .

(3.) THE issue relates to community status and genuineness of the community certificate came up for consideration before the Supreme Court in the decision referred to above and the Supreme Court had issued the following directions: "4. All the State Governments shall constitute a committee of three officers, namely, (1) an Additional or Joint Secretary or any Officer higher in rank of the Director of the concerned department, (II)the Director, Social Welfare/tribal Welfare/backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another Officer who has intimate knowledge in the verification and issuance of the social status certificates. In the case of the Scheduled Tribes, the Research Officer who has intimate knowledge in identifying the tribes, tribal communities, parts of groups of tribes or tribal communities"