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2017 Supreme(Mad) 1614
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.VENUGOPAL, P.D.AUDIKESAVALU, JJ.
D.Jayam - Petitioner
Vs.
The District Collector, Kanchipuram District, Kanchipuram – Respondent
W.P.No.19151 of 2017 & W.M.P.Nos.20654 & 22589 of 2017
Decided on : 24-08-2017
Advocate Appeared:
For the Petitioner: Mr.L.Chandrakumar
For the Respondents:Mr.M.Elumalai Government Advocate, Mr.C.Manishankar, Additional Advocate General Assisted by Ms.C.N.G.Niraimathi Standing Counsel
The verification of Community Certificates and the effective communication of termination orders were central to the Court's decision.
Headnote:
Community Certificate - Appointment Termination - G.O. (2D) No. 108, Adi Dravidar and Tribal Welfare Department, dated 12.9.2007 - Kumari Madhuri Patil and another Vs. Additional Commissioner [(1994) 6 SCC 241] - R.Kandasamy v. Chief Engineer, Madras Port Trust [(1997) 7 SCC 505] - State of Punjab v. Khemi Ram [AIR 1970 SC 214] - Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association [(1992) 3 SCC 1] - Director of Tribal Welfare Vs. Laveti Giri [AIR 1995 SC 1506]
Fact of the Case:
The Petitioner, appointed as a Typist, had her Community Certificates referred for verification, leading to termination and subsequent Writ Petition.
Finding of the Court:
The Court found that the TNPSC erred in acting upon the communication without referring the matter to the State Level Scrutiny Committee for verification. The termination order was communicated to the Petitioner before the interim order, and the Petitioner's automatic reinstatement was not granted.
Issues: The issues revolved around the verification of Community Certificates, the communication of the termination order, and the entitlement to automatic reinstatement.
Ratio Decidendi: The Court held that the TNPSC erred in not referring the matter to the State Level Scrutiny Committee for verification. The communication of the termination order was deemed effective upon dispatch. The Petitioner's entitlement to automatic reinstatement was denied based on legal precedents.
Final Decision: The Writ Petition was partly allowed, setting aside the TNPSC's order and directing verification by the State Level Scrutiny Committee, with no automatic reinstatement granted.
P.D.AUDIKESAVALU, J.
The Petitioner was appointed as a Typist on 09.11.1995 in the Revenue Department of the District Collectorate, Kancheepuram against a vacancy exclusively reserved for Scheduled Tribes on the strength of the Community Certificates, dated 14.09.1978 and 27.10.1988 issued by the Tahsildar, Mettur and the Revenue Divisional Officer, Mettur Dam, respectively, pursuant to the Notification for the various posts of Group-IV Services during the year 1993-94 by the second respondent/Tamil Nadu Public Service Commission (in short 'TNPSC'). The aforesaid Community Certificates of the Petitioner had been referred for verification to the District Collector, Salem. The Sub Collector, Mettur, by letter dated 24.02.2017 informed the second respondent-TNPSC that the signature of the Revenue Divisional Officer in the Community Certificate dated 27.10.1988 that had been produced by the Petitioner had been forged, that no such Scheduled Tribe Community Certificate bearing No.388999 had been issued to anyone and that the said Certificate was bogus and not genuine. In pursuance thereof, the second respondent-TNPSC issued a notice vide Memorandum No.6159/PSD-C1/1990, dated 19.07.2017 to the Petitioner to Show Cause as to why she should not be debarred permanently from appearing for any of the Commission's Examinations and Selections besides cancellation of her application in the post of Typist included in the Group-IV Services. In response thereto, the Petitioner submitted her explanation dated 05.06.2017. The TNPSC / second respondent, by Proceedings bearing Memorandum No.6159/PSD-C1/1990, dated 19.07.2017 held that the reply given by way of explanation was not satisfactory and that she had been debarred permanently with effect from 19.07.2017 from appearing for any of its examinations and selections besides rejecting her application for the post of Group-IV Services and that selection to the post had been cancelled. In that backdrop, the Petitioner filed the present Writ Petition with the following prayer:-
"For issuance of a Writ of Certiorarified Mandamus to call for the records relating to the second respondent's Order made in Memorandum No.6159/PSD-C1/1990 dated 19.07.2017, to quash the same and to consequently direct the respondents to extend all accrued service benefits."
2. When the Writ Petition came up for admission before the learned Single Judge of this Court on 26.07.2017, on finding that the matter relating to the Community Certificate of Scheduled Tribes, the case was directed to be listed before the appropriate Division Bench of this Court after obtaining necessary Orders from the Hon'ble Chief Justice. The matter then came to be listed before this Court on 07.08.2017, when Mr.Elumalai, Government Advocate and Ms. C.N.G.Niraimathi, learned Standing Counsel took notice on behalf of the first and second respondents respectively and on their request the matter was adjourned to 16.08.2017 for filing counters of the respondents. This Court also granted an interim order of stay of the impugned order dated 19.07.2017 till 16.08.2017 on that hearing.
3. In the meanwhile, by proceedings bearing Rc. No.14384/2000 A4, dated 02.08.2017, the District Collector, Kancheepuram, acting upon the aforesaid Communication dated 19.07.2017 of the TNPSC/second respondent terminated the Petitioner from the post of Typist with immediate effect.
4. During the hearing on 16.08.2017, it was informed by the learned counsel for the Petitioner that the Petition bearing W.M.P.No.22588 of 2017 had been made in this Writ Petition by the Petitioner for amending the prayer in the Writ Petition to the following effect:-
"For issuance of a Writ of Certiorarified Mandamus to call for the records relating to the second respondent's Order made in Memorandum No.6159/PSD-C1/1990 dated 19.07.2017 and that of the consequential order of the first respondent made in Rc.No.14384/2000 A4 dated 02.08.2017 received on 07.08.2017, to quash the same and to consequ
