S ILANGO Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed to forbear the respondent from acting upon the report of the Revenue Divisional Officer, Gobichettipalayam and consequently, direct the respondent to consider him for promotion as Officer by issue of a writ of mandamus or any other appropriate writ, order or direction and pass such further or other orders.

(2.) IN support of this writ petition, the petitioner has sworn to an affidavit in which, he has stated that he belongs to Kondareddy community which is one of the communities coming under the list of Schedulel Tribes in the Constitution (Scheduled Tribes) Order, 1950 passed by the President by virtue of the powers conferred on him under Article 342 of the Constitution of INdia and listed as such under the Central Act 108 of 1976. He has applied for the post of clerical cadre to the Banking Service Recruitment Board, Southern Region against the quota reserved for Scheduled Tribes, and was selected in the written test and was appointed as a clerk on 7.7.1982. He has produced the community certificate in proof of his claim that he belongs Konda Reddy Community obtained from the Judicial First Class Magistrate, Salem who is one of the list of authorities empowered to issue a community certificate. The respondent accepted the said certificate and acted upon the same and permitted him to join duty. Since he belongs to Kolathur Village of Salem District, he had obtained the certificate from the Magistrate, Salem.

(3.) THE affidavit further reads that the respondent has referred about the community status of the petitioner to the District Collector, Periyar District for verification. THE Revenue Divisional Officer, Gobichettipalayam has conducted an enquiry regarding the community of the petitioner by recording statement of certain persons including that of the father of the petitioner. His father, since he knows only to sign, but does not know to read and write, as directed by the Revenue Divisional Officer, signed some statement recorded by the Revenue Divisional Officer without knowing the contents. THE petitioner protested about the enquiry and requested to give him proper opportunity to participate in the enquiry, but no proper opportunity was given to him to produce all the documents before the authority to prove his community. Neither the Tahsildar, nor the Revenue Divisional Officer, Gobichettipalayam had informed him about the decision of the enquiry conducted by them. Suddenly, the petitioner received a communication dated 22.4.1986 from the respondent in which it has been stated that during enquiry by the Revenue Divisional Officer, it was disclosed that the petitioner does not belong to Kondareddy community but belongs to Periyakombu Reddy. THE said communication issued by the respondent was in the form of a show cause notice for terminating the service within 15 days from the date of receipt of the said notice. THE petitioner requested the respondent to furnish him the report of the Revenue Divisional Officer to submit his explanation which has not been furnished. Since the respondent is initiating the proceedings to terminate the service of the petitioner, he has filed this writ petition for the relief mentioned above.