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1990 DIGILAW 726 (MAD)

T. Jayadevan v. Bharat Heavy Electrical Ltd, Represented by its Executive Director, Trichy

1990-08-31

MISHRA

body1990
Judgment :- 1. These writ petitions by different petitioners involve similar questions as have been disposed of by this Court in Writ Petition No. 15934 of 1988 and other analogous cases. For the said reason alone these writ petitions are admitted and disposed of finally after hearing learned counsel for the petitioners and the learned counsel for the respondents. 2. Since these petitions question the validity of the proceedings of the Collector of Tiruchirapalli in and by which the caste/community, certificates issued in favour of the petitioners were cancelled after issuing a show cause notice to them and after affording a personal hearing to them, this Court has taken the view that since it is well-settled that any administrative order which is likely to visit some one with civil consequences, is made only after affording adequate opportunity of being heard to the person visited with such consequence, and in the case before the court it was found that no adequate opportunity was afforded to the petitioners, the Court ordered: “In my view, a post-facto enquiry to test the veracity of the report of the third respondent with reference to the statement to the villagers will satisfy the ends of justice. On the facts of this case, I am inclined to order and accordingly direct the Collector, Tiruchirapalli the secoad respondent either himself to verify the statements of the villagers by examining them afresh in the presence of the petitioners or appoint any other officer to enquire into the allegations levelled against the petition ers with reference to the statements of the individual villagers in the presence of the petitioners-Such enquiry by the Collector should conclude with in a period of three months from today. In case in such enquiry it is found that the villagers support the report submitted by the third respondent, which formed the basis of the order of the Collector, the Collector shall accordingly pass order affirming his earlier order. As a consequence of the affirmation of the order of the Collector, it is needless to state that the first respondent may proceed with the enquiry as to the validity or otherwise of the appointment of the petitioners or to take such action as may be deemed fit and proper. As a consequence of the affirmation of the order of the Collector, it is needless to state that the first respondent may proceed with the enquiry as to the validity or otherwise of the appointment of the petitioners or to take such action as may be deemed fit and proper. However, it is found that the preliminary report submitted by the third respondent was not genuine, the Collector may pass suitable orders accordingly either recalling the impugned orders or proceeding afresh in accordance with law on the basis of such materials that may be available for action against caste/community certificates of the petitioners. 6. Until, however, the enquiry is concluded as ordered today, and until the Collectors order cancelling the caste/community certificates issued in favour of the petitioners affirming his earlier Order is passed, the first respondent/Bharat Heavy Electricals Limited, it is obvious, must keep any proceeding or enquiry against the petitioners in abeyance” 3. Since the facts are similar, these petitions are also disposed of in terms aforequoted. 4. In the result, the writ petitions are allowed to the extent indicated above. No costs.