SAYAM VENKATA GANESH Vs. DISTRICT COLLECTOR VISAKHAPATNAM DISTRICT

JUDGEMENT

(1.) The petitioner challenges the show cause notice dated 27.12.2005 issued by the District Collector, Visakhapatnam, first respondent herein.

(2.) The father of the petitioner belongs to Kapu community and his mother belongs to Scheduled Tribe. On the strength of the Government Orders issued from time to time, the petitioner claimed and secured the benefit of being declared as a Scheduled Tribe. He has been appointed as a Horticulture Officer in the Department of Horticulture, Government of Andhra Pradesh. Complaints were received by the first respondent from the associations of SC & ST employees to the effect that the petitioner does not belong to Scheduled Tribe and that he is deriving several benefits, meant for such Community. On receipt of the same, the first respondent conducted a preliminary enquiry and thereafter referred the matter to the District Level Scrutiny Committee, second respondent herein. The committee, in turn, submitted its report on 07.11.2005. Taking the report of the Committee as well as the recent Judgment of the Supreme Court in Civil Appeal No.4413 of 2003, into consideration, the first respondent issued a show cause notice to the petitioner as to why the Caste Certificate issued to him by the Mandal Revenue Officer, G.K.Veedhi Mandal, shall not be cancelled.

(3.) Learned counsel for the petitioner submits that the petitioner was not given adequate opportunity before the second respondent, despite the specific provisions in the Andhra Pradesh (SC, ST & BCs), Regulation of Issue of Community Certificates Act, 1993 and Rules, 1997 (for short "the Act"). He further contends that the first respondent did not furnish the copy of the report of the second respondent and it, in fact, prejudged the issue.