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1998 Supreme(AP) 631
Andhra Pradesh High Court
Judges : N.Y.HANUMANTHAPPA, NEELAM SANJIVA REDDY
K.Rajaiah - Appellant
Versus
State OF A.P. - Respondent
Decided On : 09-09-98
Headnote:
Constitution of India – Article 341 and 342 – Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 – STs Order (Amendment) Act, 1976 – Electrical Department – Fertilizer Corporation of India – Disciplinary Authority – Fraud or Misrepresentation – Writ Petition is directed against order of -Appellant Authority rejecting the appeal preferred by petitioner working as Technician Grade-I Fertilizer Corporation of India against order respondent-Disciplinary Authority, removing him from service – Appears that Government of Andhra Pradesh Social Welfare (E) Department issued certain guidelines in matter of issue of Caste Certificates and Community certificates with respect to persons belonging to Scheduled Tribes, to be strictly followed by certifying authorities in State. Annexure-II appended to mentions various particulars relating to Scheduled Tribes residing in State of Andhra Pradesh purpose of this case, Columns 2 and 5 of Annexure-II are only relevant of annexure mentions of Tribe while column 5 relates to synonyms of Tribe – Held, Authorities should have applied their mind whether producing a certificate not by way of fraud or misrepresentation but has been obtained based would amount to misconduct and deserves punishment of removal of petitioner from service or it would have been proper or would have been sufficient if the promotions of petitioner obtained as belonging to Scheduled Tribe are cancelled and reverted back to the position which he was holding prior to his first promotion given based on ST certificate and allow him to make all his claims for promotion in category of authorities should have followed latter one that too after giving opportunity of hearing to petitioner including to lead evidence and to examine any other witnesses to show that he did not obtain promotion by making misrepresentation or playing fraud – Writ Petition is allowed.
( 1 ) THIS Writ Petition is directed against the order of the 2nd respondent-Appellant Authority dated 10-10-1997 rejecting the appeal preferred by the petitioner, working as Technician Grade-I (Elect) in the Fertilizer Corporation of India Ltd. , Ramagundam Unit, against the order dated 2-7-1997 passed the 4th respondent-Disciplinary Authority, removing him from service.
( 2 ) THE factual matrix of the case is that the petitioner was initially appointed as a casual mazdoor on daily wages with effect from 17-2-1973 in the Fertilizer Corporation of India Ltd. (for short "the FCI") and subsequently he was appointed as mazdoor with effect from 15-12-1973 in the Electrical Department as a general category candidate. He was promoted as Helper Grade II with effect from 1-10-1975 and as helper Grade-I with effect from 1-10-1978. He belongs to "vanjara" (Vanjari) caste which is Backward Class Community at S. No. 32 of Group d category as per G. O. Ms. No. 1793, Edn. dated 23-9-1970. In the attestation form submitted by him on 11-9-1973, his caste is indicated as vanjara which comes under BC d category.
( 3 ) WHILE things stood thus, it appears that the Government of Andhra Pradesh in G. O. Ms. No. 245 Social Welfare (E) Department dated 30-6-1977 issued certain guidelines in the matter of issue of Caste Certificates and Community certificates with respect to persons belonging to Scheduled Tribes, to be strictly followed by the certifying authorities in the State. Annexure-II appended to the said G. O. mentions various particulars relating to the Scheduled Tribes residing in the State of Andhra Pradesh. For the purpose of this case, Columns 2 and 5 of Annexure-II are only relevant. Column 2 of the annexure mentions the name of the Tribe, while column 5 relates to synonyms of the Tribe. Before adverting to the details of these two columns of the Annexure, it may be noted that the Presidential Order, 1976 viz. , the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (Act No. 108 of 1976), as required under Article 342 of the Constitution of India, notified 33 categories of tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of the Constitution be deemed to be Scheduled Tribes in relation to the State of Andhra Pradesh. At Serial No. 29 of the said notification, the tribes-"sugalis, Lambadis" are notified as Scheduled Tribes. Now, we may refer back to Annexure-II of G. O. Ms. No. 245 referred to above. At S. No. 21 of the said Annexure, in Col. 2, the Tribe sugali is referred to. The Col. 5 the synonyms "banjara, Lambadi, Lambari, Brinjara, Banjari, Wanjari, Boipari and Sukari" are mentioned. It may be noted here that the caste Vanjara (Vanjari) as mentioned at S. No. 32 of BC d category has not been deleted.
( 4 ) THE inclusion of "wanjari" as one of the synonyms of the Tribe sugali in Annexure-II of G. O. Ms. No. 245 dated 30-6-1977 has prompted the petitioner herein to obtain a caste certificate from the Tahsildar, Mahabubabad, Warangal district on 13-10-1978 and after obtaining the same he made an application on 11-11-1978 to FCI informing the authorities that he belongs to "wanjari" Tribe which is recognised as scheduled Tribe and to substitute the same in his records. On the strength of the said certificate, it appears that petitioner had earned the promotions viz. , Technician G.-III with effect from 1-4-1981 against the reserved ST point by extending six months relaxation in experience; Technician Gr-II with effect from 1-4-1985 against the reserved ST point and as Technician Gr-I with effect from 1-1-1990 against the reserved ST point by giving three months relaxation in experience. It may be stated here that by G. O. Ms. No. 44, Social Welfare Department dated 23-2-1979 the synonym "wanjari" mentioned in Col. 5 at S. No. 21 of Annexure-II of G. O. Ms. No. 245 has been deleted.
( 5 ) EVENTS started against the peti
