GURUSAMY R Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) AGGRIEVED by the proceedings of the first respondent dated February 19, 1991, the petitioner has filed the above writ petition for quashing the said order on various grounds.

(2.) THE case of the petitioner is briefly stated hereunder:- According to him, he belongs to Konda Reddy community which is one of the communities listed as Scheduled Tribe under Constitution (Scheduled Tribes) Order, 1950. The third respondent called for applications for the post of Electrical Kalasi in the year 1981. He applied to the said post under the quota reserved for Scheduled Tribes. He was selected in the interview, during which time, he had produced a community certificate dated January 9,1980 issued by the Tahsildar, Avinashi. The third respondent accepted the community certificate dated January 9, 1980 and appointed him as Electrical Kalasi with effect from December 23, 1981. Subsequently he was promoted and at the time of filing of the writ petition he was employed as Electrical Fitter Grade-I. While so, it would appear that one of his co-workers by name Vellaiyan forwarded a false complaint against his community status, who is on inimical terms with him. Pursuant to the said complaint, a verification seems to have been caused through the first respondent. The second respondent throught his Memo dated April 27, 1989 had called upon him to appear for an enquiry on May 6, 1989. Accordingly, he appeared in the said enquiry and produced copies of the three community certificates issued by the Thasildar, Avinasi Taluk. A statement was also recorded in the office of the 2nd respondent. After this enquiry, the first respondent suddenly by letter dated May 12, 1990, called upon him to show cause as to why the community certificate issued in his favour should not be cancelled. He submitted his explanation on September 10, 1990 and also produced ancient documents in order to substantitate his claim. Even though the first respondent forwarded a copy of the report of the 2nd respondent, he has not furnished the entire materials gathered by the 2nd respondent so as to give a satisfactory reply. Thereafter, as requested, he appeared on December 12, 1990 and produced some more valuable documents. However, by proceedings dated February 19, 1991 the first respondent ordered to cancel the community certificate issued in his favour. In such circumstance, having no other remedy, he has approached this Court by way of the present writ petition.

(3.) THE first respondent has filed a counter affidavit disputing various averments made by the petitioner. It is stated that the petitioner is a native of Pasur village of Avinashi Taluk of Coimbatore District. He belongs to Hindu-Reddy community, recognised as Forward Class. He got a community certificate from the Tahsildar, Avinashi as 'hindu-Konda Reddy' on January 9, 1980 by producing some false evidences. He got appointment as Electrical Kalasi in the Office of the Southern Railway Region and he is in service from December 23, 1981. He was selected on the seats reserved for Schedule Tribes. One Vellaiyan, who is the co-worker of the same Office made a petition to Collector, Coimbatore, stating that the petitioner does not belong to Konda Reddy and the petition made on December 23, 1987 was sent to the Revenue Divisional Officer, Tiruppur, with a request to make an enquiry and send a report regarding the genuineness of the community certificate. The petitioner was enquired by the Revenue Divisional Officer, Tiruppur on March 6, 1989. Then the Revenue Divisional Officer, Tiruppur made local enquiry in the village and sent a report to the Collector, Coimbatore. Based on the report of the Revenue Divisional Officer, the Collector in his proceedings dated June 12, 1980 has issued a show-cause notice to the petitioner stating that why the community certificate issued to him by the Tahsildar, Avinashi should not be cancelled. As requested, the report of the Revenue Divisional Officer, Tiruppur and copy of the petition the said Vellaiyan along with the copies of documents were sent to the petitioner. In obedience to the notice issued by the Collector, the petitioner appeared in Collector's Office. Coimbatore on December 12, 1990 and gave explanation with some evidences. After considering all the materials, the Collector by the impugned order, cancelled the community certificate issued to him. In as much as the petitioner was given adequate opportunity during the enquiry by the Revenue Divisional Officer and was also given further opportunity before the District Collector before passing final order, there is no merit in the writ petition, accordingly the first respondent prayed for dismissal of the same.