K NAGESWARA RAO Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, on the strength of the community certificate issued by the Tahsildar, North-West, Madras-7, on 27.8.1971 certifying that he belongs to "konda Kappu" Community, which is included in the list of Scheduled Tribe, secured an employment in the first respondent-Port Trust as Clerk. The second respondent-Collector by proceedings dated 16.4.1985 certified that the community certificate produced by the petitioner is a genuine one. However, by proceedings dated 30.7.2004, the second respondent-Collector directed the petitioner to appear before the State Level Scrutiny Committee on 6.8.2004 at 11.00 a. m. for an enquiry to verify the bona fide of the certificate relied on by the petitioner. On receipt of the said notice, the petitioner gave his representation dated 5.8.2004 sustaining that he belongs to "konda Kappu" Community, a Scheduled Tribe. When the enquiry initiated by the State Level Scrutiny Committee is still continuing and no final order has been passed, the first respondent by proceedings dated 21.10.2004 hastened to terminate the service of the petitioner. Hence, the petitioner has filed the above writ petition seeking a writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 21.10.2004 in Ref. G1/20259/03/s passed by the first respondent, quash the same and consequently direct the first respondent not to disturb or dislodge the official position and employment of the petitioner as Senior Deputy Secretary in the Secretary's Department of the first respondent.

(2.) This Court, by order dated 27.10.2004, while admitting the above writ petition, granted interim injunction and stay. On the strength of the interim order, the petitioner is still continuing his service in the first respondent.

(3.) According to Mr. V. Ayyadurai, learned counsel appearing for the petitioner, the community certificate issued by the Tahsildar on 27.8.1971 and the proceedings of the District Collector dated 16.4.1985 holding that the community certificate relied on by the petitioner is genuine, are still in force and therefore, the petitioner cannot be terminated from service.