IMPORTANT POINT
The court established that verification of community certificates is essential to prevent fraudulent claims and that employers must ensure the genuineness of such certificates.

ORDER :

(N. Senthilkumar, J.) :

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the records in Proceedings No.6326243/CV6/2023 dated 04.01.2024, on the file of the 1st respondent and quash the same as illegal.)

This writ petition is filed for issuance of writ of certiorari to quash the Proceedings dated 04.01.2024 passed in No.6326243/CV6/2023 by the first respondent.

2. The brief facts necessary to dispose of the case are as follows: The writ petitioner was appointed as a loader in the year 1998 with the second respondent. According to the writ petitioner, he belongs to Hindu Kuruman Schedule Tribe Community. However, his appointment was purely under the General Category and not based on the communal reservation. Ever since the employment of the petitioner with the second respondent, the petitioner possesses an unblemished service record. Petitioner obtained a community certificate. Petitioner's case is that for no valid reasons or any requirement, the second respondent wanted verification of the genuineness of his community certificate and the first respondent has now by impugned order cancelled the community certificate issued to the petitioner by holding that petitioner does not belong to 'Hindu Kuruman'. Challenging the same, the above writ petition is filed.

2 (a) The first contention of the petitioner is the inordinate delay on the part of the second respondent/ employer in forwarding the community certificate for verification after two decades. In the absence of any explanation for the delay in sending the community certificate for verification, the said exercise is unreasonable and lacks bonafides especially when then petitioner did not secure employment availing the benefit of reservation.

2 (b) The second contention raised by the petitioner is that he was not given an opportunity before passing the order as to the genuineness of the community certificate by the first respondent herein.

3. The second respondent has filed a counter affidavit and submitted that the petitioner was appointed as a loader under the Scheduled Tribe Category on 21.01.1998. The petitioner had submitted his community certificates bearing No.202818 dated 26.08.1988 issued by the Tahsildar, Egmore -Nungambakkam and Certificate No.2643148 (R.DIS.(PA)/27192/93 dated 04.05.1993 issued by the Additional District Magistrate & Personal Assistant (General) to the Collector of Madras in order to secure his employment.

4. The second respondent has received a communication from the Office of the Registrar General and Census Commissioner of India vide O.M.No.13/9/2004-Ad(III) dated 07.06.2005. Based on the above Office Memorandum and Extant Rules, the second respondent vide letter No.DCO-TN.Lr.No.12013/2005-Admn. dated 08.06.2005 had communicated to the District Collector, Chennai to verify the authenticity of the community certificate No.2643148 (R.DIS.(PA)27192/93 dated 04.05.1993.

5. The Chennai District Vigilance Committee conducted an enquiry and recommended for the cancellation of the community certificate issued to the petitioner for lack of bonafide through its Letter No.U8/38471/05 dated 30.01.2006 and forwarded the same to the first respondent.

6. The second respondent vide its Office Order No.C/14013/55/2022-Admin, dated 27.05.2022 and 17.06.2022, placed the petitioner under suspension with effect from 27.05.2022 as per the Central Civil Services (Classification, Control and Appeal), Rules, 1965. However, the Review Committee vide No.30019/2/2011/vig, dt. 24.08.2022, after taking into account all the facts and circumstances of the case recommended for revocation of suspension of the petitioner.

7. The Central Administrative Tribunal directed the second respondent to keep the disciplinary proceedings against the petitioner in abeyance vide order in O.A.No.310/00492/2022 dated 23.08.2022, which reads as follows:

“3. Learned counsel for applicant submits that the applicant has been issued with