T PRABHU Vs. CHAIRMAN STATE LEVEL SCRUTINY COMMITTEE

JUDGEMENT

(1.) Heard Mr.V.Vijay Shankar, learned counsel appearing for the petitioner, Mr.K.V.Dhanapalan, learned Special Government Pleader appearing for the first respondent and Mr.N.Vijayaraghavan, learned counsel appearing for the second respondent and perused the materials placed on record.

(2.) The petitioner was issued with a Scheduled Tribe Community Certificate as belonging to 'Kondareddis' by the Tahsildar, Perundurai on 24.04.1981 which has been cancelled by the first respondent /State Level Scrutiny Committee by proceedings No.20006/CV-4(2)/2007-20, dated 07.04.2016. Aggrieved thereby, the petitioner has preferred the instant Writ Petition impeaching the aforesaid order dated 07.04.2016 passed by the first respondent.

(3.) It is not in dispute that the petitioner had secured employment in the services of the second respondent, viz., Oriental Insurance Company in the year 1985 against a vacancy exclusively reserved for Scheduled Tribes on the strength of the aforesaid community certificate dated 24.04.1981. When the aforesaid Scheduled Tribes Community Certificate of the Petitioner was sent for verification, it was held by the revenue authorities in earlier proceedings that the petitioner belongs to Hindu Reddiar Community, but the same had been set aside by this Court without going into merits and directed fresh determination as to whether the petitioner belongs to 'Kondareddis' Scheduled Tribes Community. Ultimately, the verification of the Scheduled Tribes Community certificate of the petitioner had reached the State Level Scrutiny Committee and on receipt of report dated 27.02014 of the Vigilance Cell, the petitioner was issued a show cause notice dated 30.07.2014. The petitioner had sent a reply dated 20.08.2014 to the said show cause notice and when he was called to attend the enquiry on 16.12.2014 and 17.11.2015, he was absent on those days and sent a medical certificate stating that he was suffering from Viral Fever [URI] and took medical treatment and requested to postpone the enquiry to another date. When the enquiry was again fixed on 22.02016, the petitioner was absent on that day also and sent a medical certificate stating that he was suffering from Viral Fever and he was taking continuous medical treatment. Hence, on the basis of the report of the Vigilance Cell and the observations made by the Anthropologist in his report, the Kondareddis Scheduled Tribes Community Certificate issued to the petitioner was cancelled and it was recommended to the District Collector, Erode and the employer/second respondent to take stringent criminal action against him for obtaining bogus Community Certificate.