ORDER :

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling of the proceedings of 1st respondent in its No.E6/5302/1996/E dated 10.05.2016 and quash the same.

The petitioner herein was appointed as a Mazdoor in the respondents/Chennai Port Trust, in the year 1984 and later was promoted as an Assistant Maistry. Alleging that his community certificate certifying him to belong to Kondakapu Community (Scheduled Tribe) was a fake certificate, based on a letter of the Collector, Vizianagaram dated 24.02.1996, the following charges came to be framed against the petitioner through a letter dated 02.07.1996 in the following manner:-

“That at the time of his initial appointment as mazdoor in the Trust he had produced bogus Schedule Tribe community certificate and gained employment in the Trust”.

2. In the meantime, the Port Trust had once again requested the Collector of Chennai to conduct the verification of the petitioner's community, on the ground that the petitioner has been residing in Chennai for the past 10 years. In turn, the Collector of Chennai had requested the Tahsildar, Tondiarpet, to conduct an inquiry and in the report of the Tahsildar dated 13.04.1998, it was opined that the petitioner belongs to Scheduled Tribe. While the report of the Tahsildar was under consideration with the Collector, the respondents had issued a fresh Charge Memo dated 05.10.2011 with the following charge :

“That at the time of his initial appointment as Mazdoor (PW) in the Trust he had produced Bogus Schedule Tribe Community Certificate and gained employment in the Trust”.

3. Not being satisfied with the petitioner's explanation dated 31.01.2012 for the aforesaid Charge Memo dated 05.10.2011, a domestic inquiry was conducted. In the inquiry, a letter of the Collector of Vizianagaram dated 24.02.1996 was marked and based on the said letter, the Inquiry Officer had held the charge against the petitioner as 'proved', through his report dated 14.09.2012. The further explanation of the petitioner herein dated 01.10.2012 was not accepted and ultimately, the impugned order of dismissal was passed on 10.05.2016.

4. The learned counsel for the petitioner predominantly raised the ground that the inquiry report, as well as the consequential dismissal order, is vitiated since the contents of the letter dated 24.02.1996 was not proved through any witness. Secondly, he would submit that when the respondents had earlier framed charges on 02.07.1996, alleging that the petitioner's community certificate was bogus, the same set of charges cannot be once again framed against him on 05.10.2011. Thirdly, the learned counsel also placed reliance on the report of the Tahsildar of Tondiarpet dated 13.04.1998, which evidences that the petitioner belongs to Schedule Tribe Community, as well as his request in this regard to the respondents to keep the departmental action pending till finalization of the inquiry by the Collector of Chennai and inspite of the same, the respondents have disregarded his request, as well as the report of the Tahsildar and proceeded with the inquiry based on the original letter of the Collector of Vizianagaram. The learned counsel further submitted that in the absence of any inquiry or cancellation of the community certificate by the concerned Revenue Authority, a mere letter alleging that the community certificate is bogus, cannot be relied upon.

5. Per contra, the learned counsel for the respondents/Port Trust placed reliance on the averments in the counter-affidavit filed by them and submitted that pursuant to the Collector's letter dated 24.02.1996, an inquiry was conducted whereby, the petitioner was given due opportunity and all his requests and representations were also considered. It is based on the report of the Inquiry Officer that the Disciplinary Authority had passed the order of dismissal. The learned counsel further submitted that it is not required to send a report to