STATE OF ANDHRA PRADESH Vs. A. NAKSHTRAMMA

JUDGEMENT

(1.) Order dated 28.04.2017 passed in Original Application No.887 of 2017 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad (hereinafter referred to as 'the Tribunal'), directing the petitioners herein to reinstate the respondent-employee into service and conduct enquiry strictly following Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (hereinafter referred to as 'the CCA Rules'), is challenged in this Writ Petition.

(2.) Mr.K.Bheemarao, learned Government Pleader for Services-III, appearing for the petitioners submits that the respondent-employee was initially working in Mandal Parishad Elementary School T-Sadam, having been selected as Secondary Grade Teacher in DSC-2000 in BC-B category. While in service, the respondent-employee applied for the post of School Assistant under Scheduled Caste quota, was appointed as School Assistant vide proceedings in Rc.No.3421/A1/A3/2001/SA (Service) 45, dated 20.01.2002. In doing so, the respondent-employee had submitted a Scheduled Caste Certificate purportedly issued in her favour by Mandal Revenue Officer, Puttaparthi on the premise that she had married a member of the Scheduled Caste Community. Upon selection, she resigned from her earlier post and joined as School Assistant in Zilla Parishad High School, Vengalamma Cheruvu, Puttaparthi Mandal, Ananthapur District on 23.01.2002. In the meantime, disputes cropped up between the respondent and her husband and on the complaint of the latter before Lok-Ayukta that the respondent-applicant did not belong to the Scheduled Caste Community, she was placed under suspension. Thereupon, by proceedings in Rc.No.8641/A3/2012, dated 08.03.2013, the respondent-employee was removed from service on the ground that the Caste Certificate obtained is a fraudulent one.

(3.) Aggrieved by the said dismissal/removal order, she approached the Tribunal in Original Application No.1753 of 2013 and the Tribunal, by order dated 22.02.2016, set aside the order of removal and directed the petitioners to conduct and conclude enquiry proceedings in accordance with Rule 20 of the CCA Rules. Pursuant thereto, a charge memo was issued on 18.10.2016 inter alia alleging that she got appointed as School Assistant in Biological Science in DSC- 2001 on the strength of a bogus Scheduled Caste Certificate, even though she belongs to BC-B category. The respondent- employee submitted explanation to the charge memo on 14.11.2016 wherein she inter alia threw the blame of obtaining Scheduled Caste Certificate in her favour on her husband. However, she did not deny that the Scheduled Caste Certificate was a fake one.