2003 Supreme(AP) 1064
Andhra Pradesh High Court
Judges : V.ESWARAIAH
K.Adinarayana Reddy - Appellant
Versus
Government Of A.P.rep.by its Prl.Secretary to govt., Social Welfare (C.V.2) - Respondent
Decided On : 09-01-03
Headnote:
Appellant –Writ petitions are filed by the same person and since the issue that fell for consideration of this court being one and the same, all these writ petitions are heard together and disposal of by a common order petitioner obtained a Community certificate as Scheduled Tribe Community from district stating that he belongs to hill Reddy community, which is listed as scheduled Tribe under Presidential Order – Based on the said Social Status Certificate vide Certificate he secured employment in the state Bank of Hyderabad as Cashier-cum- clerk under ST. Quota – While the petitioner was working in the bank complaints have been received against him with regard to securing of the said job by producing false Caste Certificate – Based on the said complaints the District Collector referred the matter to for enquiry and to decide the genuineness of the said Caste Certificate –Whether the petitioner belongs to hill Reddy (S. T.) or not –Held, Petitioner is not entitled for the said relief unless he comes out of the disciplinary enquiry and the promotion depends upon the final order that may be passed by the District Collector, with regard to the Social Status Certificate pursuant to the orders of this court Writ Petition is dismissed. Contempt Cases – Contempt Case is filed complaining that the respondents deliberately and willfully disobeyed the order of this court passed – Court by the said order stayed the proceedings of the Bank Court have taken a view that it is open for the respondent-bank to finalise the disciplinary proceedings relating court do not find fault with the Bank in continuing the services of the petitioner under suspension contempt case is liable to be closed – Contempt case is closed discharging the contemnors from contempt proceedings.
( 1 ) ALL these writ petitions are filed by the same person namely K. Adinarayana Reddy and since the issue that fell for consideration of this court being one and the same, all these writ petitions are heard together and disposal of by a common order.
( 2 ) THE petitioner obtained a Community certificate as Scheduled Tribe Community from the Tahslidar, Nagur, Kharnmam district on 4-5-1980, stating that he belongs to hill Reddy community, which is listed as scheduled Tribe under Presidential Order. Based on the said Social Status Certificate vide Certificate No. C/1890/80, dated 4-5-1980, he secured employment in the state Bank of Hyderabad as Cashier-cum- clerk on 18-8-1980 under ST. Quota. While the petitioner was working in the bank, complaints have been received against him with regard to securing of the said job by producing false Caste Certificate. Based on the said complaints the District Collector, khammam, referred the matter to the r. D. O. , Bhadrachalam (for short R. D. O.), for enquiry and to decide the genuineness of the said Caste Certificate, whether the petitioner belongs to hill Reddy (S. T.) or not. The R. D. O. , Bhadrachalam, conducted enquiry and reported that the petitioner does not belong to the said Community and the said Caste Certificate was issued without conducting any preliminary enquiry and the same is a false and bogus one it is further stated that the caste-people of the petitioner are not found anywhere in the said village i. e. , Venkatapuram Village of Wazeedu mandal and therefore, the certificate produced by him is a bogus one. Based on the Report dated 15-6-1996 submitted by the r. D. O. , Bhadrachalam, a show-cause notice dated 4-7-1996 was issued and the same was served on the petitioner on 26-6-1996, to which the petitioner filed reply on 5-9-1996. The District Collector after considering the explanation of the petitioner cancelled the said Caste Certificate dated 4-5-1980, issued by the Tahsildar, Nagur, khammam District, by Rc. No. B8/18154/94, dated 25-10-1996. Questioning the said order of the District Collector dated 25-10-1996, the petitioner filed Writ Petition No. 1646 of 1997, contending that without giving any opportunity the R. D. O. conducted the enquiry about his Social Status Certificate and submitted his report dated 15-6-1996, based on which his Caste Certificate was cancelled.
( 3 ) THIS court disposed of the said writ petition by order dated 31-1-1997, setting aside the order of the District Collector dated 25-10-1996 and directing the R. D. O. to issue notice to the petitioner to produce oral or documentary evidence, and consider the same by submitting fresh report to the district Collector. Based on the said order of the District Collector dated 25-10-1996 the state Bank of Hyderabad also issued proceedings dated 16-11 -1998, placing the services of the petitioner under suspension and ordering disciplinary Proceedings. The said Proceedings dated 16-11-1998, were also questioned in Writ Petition No. 32603 of 1998 and this court disposed of the said writ petition based on the representation made by the State Bank of Hyderabad stating that the writ petition is not maintainable as the social Status Certificate submitted by the petitioner was already cancelled and accordingly, the petitioner was directed to file a regular appeal before the Appellate authority and the Appellate Authority was directed to dispose of the same within one month from the date of such filing. Thus the disciplinary Proceedings initiated by the state Bank of Hyderabad under Proceedings dated 16-11-1998 was not interfered with or set aside except permitting the petitioner to file an appeal against the order of the District collector.
( 4 ) IT is stated that pursuant to the directions of this court in Writ Petition no. 1646 of 1997, the R. D. O. Bhadrachalam issued notice to the petitioner to appear before the Revenue Divisional Office on 29-4-1998, but the petitioner failed to ap