K SURAJ SINGH Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to set-aside proceedings R.Dis.C5/257/M/1999, dated 25-12-2007 of respondent No.1 and G.O.Ms.No.187, Social Welfare (CV.1) Department, dated 26-9-2008 issued by respondent No.2.

(2.) In the view this court proposes to take, it is not necessary to refer to the facts in detail. It will suffice to note that the petitioner obtained a community certificate showing him as belonging to S.C. (Mala) and secured employment in the Bharat Sanchar Nigam Limited (BSNL). An enquiry was initiated against the petitioner under the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short "the Act") and the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community, Nativity and Date of Birth Certificates Rules, 1997 (for short "the Rules"), made thereunder. The case was referred to the District Level Scrutiny Committee (for short "the Committee") under Rule 8 of the Rules. After holding the enquiry, the Committee has submitted its report, on the basis of which respondent No.1 has issued proceedings in R.Dis.C5/257/M/1999 dated 25-12-2007, holding that the petitioner is not entitled to use the caste of his mother and has accordingly cancelled the community certificate held by him. The appeal filed by the petitioner before respondent No.2 having been rejected vide G.O.Ms.No.187, dated 26-9-2008, he filed the present Writ Petition questioning these two orders.

(3.) At the hearing Dr.A.Raghu Kumar, learned counsel for the petitioner, submitted that the order of respondent No.1, as confirmed in appeal by respondent No.2, suffers from patent violation of principles of natural justice and also the procedure prescribed by Section 5 of the Act. He has submitted that neither a copy of the Committee's report was furnished to the petitioner nor he was given any notice by respondent No.1 to explain his case before the impugned order was passed.