A SWARAJYALAKSHML Vs. REGISTRAR GENERAL OF INDIA CENSUS

JUDGEMENT

(1.) Obtaining of employment by filing a false Caste Certificate resulting in an order of removal was the subject matter of an application before the Tribunal and the order passed therein being dated 24-1-2001 in O.A. No.1678 of 1999 is the subject matter of this writ petition.

(2.) The short fact of the matter is as follows: The petitioner claims to have married a person belonging to Konda Kapu community - a community recognized as a Scheduled Tribe. Her husband obtained a caste certificate from the then Member of Legislative Assembly of Secunderabad Assembly constituency. A similar certificate was obtained on the basis of the former one by the petitioner from the Special Tahsildar, MIGH Scheme, Hyderabad on 4-11-1977. She was appointed in July, 1980 as Lower Division Clerk in a post which was reserved for Scheduled Tribe candidates.

(3.) The Joint Collector later on cancelled the said certificate. The petitioner's husband faced an order of dismissal. A proceeding was also initiated against the petitioner culminating in imposition of penalty of removal from service. An appeal preferred by her was dismissed. Before the learned Tribunal below the said orders were challenged on the grounds: