ADAPA BENNAYYA Vs. MANDAL REVENUE OFFICER

JUDGEMENT

(1.) The Petitioner was employed as Marine Casual Labourer in Visakhapatnam Port Trust in the year 1980 against a vacancy reserved for Scheduled Tribe. Thereafter, he was re-designated or promoted as Lasker. He was issued charge sheet, dated 07.01.1988, alleging that the Caste Certificate produced by him at the time of his appointment, and the attestation in that regard are found to be not genuine and he was required to explain as to why his services be not terminated. The Petitioner submitted his explanation and enquiry was conducted thereafter. Based upon the findings in the enquiry, a show-cause notice dated 19.02.1990, was issued and the Petitioner submitted his explanation. On a consideration of the same, the second Respondent imposed punishment of removal from service against the Petitioner, through proceedings, dated 16.03.1990. That order was confirmed in appeal, on 02.07.1990.

(2.) The Petitioner filed W.P. No. 1495 of 1991 before this Court challenging the order of removal. The writ petition was dismissed on 05.06.2002 holding that as long as the genuinity of the Caste Certificate was not proved, the order of removal cannot be found fault with. It was left open to the Petitioner to assail the proceedings, dated 25.11.1987, issued by the Mandal Revenue Officer-the first Respondent stating that the Caste Certificate relied upon by the Petitioner is not genuine. Hence, this writ petition challenging the proceedings, dated 25.11.1987.

(3.) The Petitioner contends that the first Respondent did not issue any notice before issuing the impugned proceedings, and in that view of the matter, it is violative of principles of natural justice. He contends that in case it has come to the notice of the first Respondent that there is any defect or infirmity in the Caste Certificate, he ought to have issued notice and conducted enquiry.