ANURADHA J Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The validity of the show-cause notice in Ref.No. 02/7823/97, dt. 13-06-2000 is the subject matter of this writ petition. By the said show-cause notice the petitioner was directed to show-cause as to why the Community Certificate obtained by her should not be cancelled.

(2.) Heard the learned Counsel for the petitioner and Sri Rama Rao, learned Assistant Government Pleader appearing for the respondents.

(3.) A reading of the show-cause notice shows that after receiving a complaint from the President of the ECIL SC and ST Employees' Rights Protection Society, Hyderabad, the second respondent did not refer the same to the District Scrutiny Committee constituted as per Rule 8 of the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes-Issue of Community, Nativity and Date of Birth Certificate Rules, 1977 (hereinafter called as 'the Rules'). A reading of the provisions of the A.P. (SC, ST and BC) Regulation of Issue of Community Certificates Act, 1993 (Hereinafter called as 'the Act') and the Rules shows that though the Collector is empowered to cancel the Community Certificate, if he is of the opinion that the said Certificate was obtained fraudulently as per the proviso to sub-section (1) of Section 5 of the Act, an inquiry is required to be conducted in accordance with the Act and the Rules. The Rules provide for the method and manner of conducting the inquiry. As per Rules 9 and 18 of the Rules this has to be done. Such issuance of the show-cause notice of cancellation without any inquiry suffers from jurisdictional errors. Therefore, the said show-cause notice is liable to be set aside. Accordingly, the same is set aside giving liberty to the respondents to take necessary steps for cancellation of the Community Certificate of the petitioner, dt. 4-7-1987 in No. C/1469/87 issued by the Mandal Revenue Officer, Keesara Mandal in accordance with the provisions of the Act and the Rules.