Andhra Pradesh High Court
Judges : T.MEENA KUMARI
Bhakthavathsala Sukumar - Appellant
Versus
Hindustan Petroleum Corporation Limited, Visakhapatnam - Respondent
W.P.No.12514/02
Decided On : 05-02-03
Advocates Appeared :
Mr.A.Srinivasa Sarma,Mr.K.Srinivasa Murthy
that petitioner belongs to SC community.
In the instant case, Disciplinary authority did not assign any reasons for disagreeing with report of enquiry officer and no opportunity of hearing was given before discharging petitioner - Abnormal delay of 9 years in conducting enquiry not explained and delay in concluding enquiry has disabled petitioner from putting forth his defence - In the instant case Joint Collector passing impugned order cancelling caste certificate basing on report of MRO who made discrete enquiries ignoring the report of other MRO who conducted a detailed enquiry and examined a Members of Legislative Assembly and also perused documents and came to conclusions that petitioner belongs to SC community - Joint Collector did not assign reasons for differing with findings of MRO - Impugned cancellation of caste certificate by Joint Collector without supplying the two conflicting reports of two MROs to petitioner inviting his explanation - Amounts to violation of principles of natural justice - Matter remitted back to competent authority for fresh enquiry - Impugned cancellation of caste certificate, set aside - Corporation directed to reinstate petitioner in service forthwith.
( 1 ) AGGRIEVED by the orders of the first respondent dated 25. 6. 2002 wherein the petitioner was discharged from the services of the respondents 1 to 3 - corporation on the ground that he secured employment by giving false information that he belongs to Scheduled Caste, the present writ Petition is filed.
( 2 ) THE case of the petitioner, as narrated in the affidavit, is as follows: the petitioner belongs to SC Community and he joined in the organization of respondents 1 to 3 on 5. 1. 1980 as Clerk- cum-Typist under reserved quota meant for scheduled Castes by producing caste certificate with serial No. 2/80-B3 dated 1. 1. 1980 issued by the Mandal Revenue officer, Salur. The respondents 1 to 3 got verified his caste certificate through the district Collector, Visakhapatnam as genuine one and as such he continued in the employment without any interruption till 25. 6. 2002 on which date he was discharged from service. It is also stated that in the year 1989, the respondents 1 to 3 sought clarification about his caste with the District Collector, vizianagaram when the case of the petitioner has come up for consideration to select him to the management cadre. The Mandal revenue Officer, Ramabhadrapuram, as per the instructions of the Joint Collector, vizianagaram conducted a detailed enquiry and found that he belongs to SC Community. It is stated that again the Mandal Revenue officer, Visakhapatnam was directed to conduct enquiry about as to whether the petitioner belongs to SC Community or not since the petitioner has been residing at visakhapatnam and the Mandai Revenue officer, Visakhapatnam found that he is a Christian and the Joint Collector, vizianagaram passed an order on 4. 5. 1993 cancelling the caste certificate issued to him on the basis that he has faith in christianity and therefore he does not belong to SC Community. It is stated that the Joint Collector, Vizianagaram has given under preference to the hearsay enquiry conducted by the Mandai Revenue Officer, visakhapatnam by discarding the detailed enquiry conducted by the Mandai Revenue officer, Ramabhadrapuram. It is also stated that against the order dated 4. 5. 1993, he made an appeal on 22. 12. 1993 to the Director, Department of social Welfare, Government of A. P. , hyderabad and on such appeal enquires were made and found that he belongs to SC community and the certificate issued by the mandai Revenue Officer, Saluru to him is a genuine one.
( 3 ) FURTHER, it is stated that in the departmental enquiry initiated by respondents 1 to 3, the enquiry officer after conducting enquiry has stated that the charges levelled against the petitioner in the charge-sheet dated 25. 11. 1993 were held not proved. It is also slated that though the petitioner made a representation to respondents 1 to 3 along with the report of the Director, Social Welfare department. Hyderabad, they did not consider those orders and passed the impugned order dated 25. 6. 2002 terminating the services of the petitioner. Questioning the said termination order, the present writ petition has been filed along with WPMP no. 15549 of 2002 seeking interim suspension of the orders of the first respondent dated 25. 6. 2002.
( 4 ) THE respondents 1 to 3 filed counter stating that the petitioner has approached this Court without exhausting the remedy available to him under Standing Orders and that they have taken action basing on the report of the statutory authority.
( 5 ) THIS Court while hearing the writ petition for admission, passed interim order in WPMP No. 15549 of 2002 suspending the orders of the first respondent dated 25. 6. 2002 after hearing both sides.
( 6 ) AGAINST the said orders, the respondents herein preferred Writ Appeal no. 1144 of 2002 and a Division Bench of this Court has set aside the orders dated 15. 7. 2002 passed in WPMP No. 15549 of 2002 and directed to dispose of the writ petition as expeditiously as possible. Thus, the Writ Petition has come up for final he
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.