L. SANKAR RAO Vs. GOVERNMENT OF ANDHRA PRADESH REP. SECRETARY (TW), SOCIAL WELFARE (C.V.2) DEPARTMENT AND OTHERS

JUDGEMENT

(1.) This writ petition, filed under Art. 226 of the Constitution of India, assails the order passed by respondent No. 1-State Government vide G.O.Ms. No.29, Social Welfare (CV.2) Department, dated 23.02.2008, rejecting the appeal filed by the petitioner against the proceedings of Respondent No.2-District Collector Vizianagaram, dated 08.11.1999.

(2.) Heard Smt. M. Bhaskara Lakshmi, learned Senior Counsel, appearing for the petitioner and learned Government Pleader for Social Welfare for the respondents, apart from perusing the material available before the Court.

(3.) According to the petitioner, he joined die services of Bharat Heavy Plates and Vessels, Visakhapatnam in the year 1972 and he retired from service on voluntary basis on 31.12.2001. Earlier, on the complaint made by the Scheduled Castes and Scheduled Tribes Association, enquiry was initiated against the petitioner and on the directions issued by respondent No.2, respondent No.3-Mandal Revenue Officer, Salur submitted a report vide D.Dis. 1757/ 81. dated 12.06.1981, stating that the petitioner herein belongs to 'Konda Kapu' community, a Scheduled Tribe. Subsequently, in the year 1987, once again, the enquiry was initiated by the respondent-authorities and on 19.08.1988, respondent No.3 submitted a report vide proceedings No.93/88D, stating that the petitioner belongs to 'Konda Kapu' community. Thereafter, respondent No.2 issued a notice on 08.03.1991, asking the petitioner to appear for enquiry with regard to the verification of his caste status. According to the petitioner, he submitted all the details. Subsequently, on 17.03.1994, respondent No.2 issued a show cause notice, asking the petitioner to show cause as to why the caste certificate issued to him on 12.04.1967 should not be cancelled. Questioning the validity of the said show cause notice, dated 17.03.1994, the petitioner filed W.P.No. 12239 of 1994 before this Court. The said writ petition was dismissed on 29,10.1997, keeping it open to the authorities to proceed with the enquiry by duly giving opportunity to the petitioner. Thereafter, respondent No.2 referred the matter for enquiry to the District Level Scrutiny Committee (hereinafter called as 'the Committee') under the provisions of the Andhra Pradesh (SC, ST and BCs) Regulation of Issue of Community Certificates Act, 1993 (hereinafter called as 'the Act') and the Rules made thereunder. In pursuance of the same, the Committee conducted enquiry and submitted a report. Subsequently, respondent No.2 passed an order, dated 08.11.1999, under Sec. 5 of the Act, cancelling the Konda Kapu-ST caste certificate issued earlier in favour of the petitioner by respondent No.3 on 12.04.1967. Assailing the said order, the petitioner preferred a statutory appeal before respondent No.1 under Sec. 7 of the Act on 06.12.1999. Subsequently, respondent No.1 vide G.O.Ms.No.39, Social Welfare (VC.2) Department, dated 30.03.2001, dismissed the said appeal, confirming the order passed by respondent No.2 on 08.11.1999. Challenging the validity of the said order passed by respondent No.1, the petitioner approached this Court by way of W.P.No.8703 of 2001. This Court by way of an order, dated 30.06.2006, disposed of the said writ petition, setting aside the order passed by respondent No.1 vide G.O.Ms. No.39, dated 30.03.2001, and directing respondent No. 1 to pass orders afresh.