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2003 DIGILAW 204 (AP)

P. Prakash, E. C. I. L. , Hyderab v. Electronic Corporation of India Ltd. , Mula-Ali, Hyderabad

2003-02-06

ELIPE DHARMA RAO

body2003
ELIPE DHARMA RAO, J. ( 1 ) THIS writ petition is filed to issue a Writ of Mandamus declaring the action of the respondents in initiating disciplinary proceedings against the petitioner in pursuance of the charge-sheet in proceedings No. ECIL/spd/31 dated 06/08-7-1998 as illegal and arbitrary and contrary to Sec. 5 of the A. P. (Scheduled castes, Scheduled Tribes and Backward classes) Regulation of Issue of Community certificate Act, 1993 (for brevity the Act) and rule 9 of the A. P. (Scheduled Castes, scheduled Tribes and Backward Classes) issue of Community, Nativity and Date of birth Certificates Rules, 1998 (for brevity the rules) and to consequently set aside the charge-sheet dated 06/08-7-1998. ( 2 ) IT is submitted that the petitioner belongs to Scheduled Tribe and throughout his career he was recognized as a member of the Scheduled Caste Community. In the year 1968 he was issued with a Social Status certificate by the then District Social welfare Officer, Hyderabad District, who is competent authority to issue such certificate. Thereafter, in the year 1972, he joined as helper in the respondent-Corporation and after verification of the social status the respondents joined him. Thereafter in pursuance of the complaint lodged by the s. C. and S. T. Employees Association disputing the social status of the petitioner, the respondents initiated disciplinary action and issued the said charge-sheet alleging that furnishing false information. I have joined the Corporation service. The petitioner submitted his explanation on 18-8-1998 denying the charges levelled against him. Thereafter, referred the matter to the District Collector for verification of the social status. But no report is so far received from the District Collector. As on to-day, the petitioner is holding a valid social status certificate issued by the competent authority i. e. , the District Social Welfare Officer, hyderabad District and as per Sec. 5 of the act, the Competent Authority to enquire and cancel the false social status certificate is the District Collector after conducting a detailed enquiry. Therefore, the issue of charge-sheet on the basis of the complaint given by the S. C. and S. T. Employees association is not legal. To substantiate the above assertions made by the petitioner, reliance is sought to be placed on g. O. Ms. Therefore, the issue of charge-sheet on the basis of the complaint given by the S. C. and S. T. Employees association is not legal. To substantiate the above assertions made by the petitioner, reliance is sought to be placed on g. O. Ms. No. 880 Employment and Social welfare (E) Department dated 17-10-1975, preamble of which indicates that all the gazetted Officers of Government including those in Municipalities, M. L. As. and M. L. Cs. and M. Ps. are competent to issue community certificates for Scheduled castes, Scheduled Tribes and Backward classes in respect of appointment to services, admissions to Educational institutions, Scholarships and other concessions to which they are eligible. ( 3 ) IT is further submitted that all such certificates issued prior to the enactment of act are saved under Sec. 21 of the Act, unless such certificate is cancelled, the respondents have no power to initiate the disciplinary proceedings. Therefore, the petitioner came up with this writ petition. ( 4 ) ON the other hand, the Corporation has filed its counter-affidavit stating that the petitioner at the time of joining service declared that he belongs to Scheduled Caste and submitted a community certificate dated 5-6-1968 issued by the District Social welfare Officer, Hyderabad District, on the basis of the certificate issued by M. L. A. and assistant Surgeon, ESI Dispensary, hyderabad; and based on the said declaration of the petitioner, he was recruited by the respondent-Company as a scheduled Caste candidate. They received complaint from the ECIL S. C. and S. T. Employees Association disputing the social status of the petitioner and thereafter, the matter was referred to the District Collector to submit interim report as per the interim report, it is found that the petitioner does not belong to Scheduled Caste, but he belongs to Munnuru Kapu, which is a backward Class. The Collector also reported that the petitioner s daughter was issued with Backward certificate on 12-8-1997. Therefore, it is evident that the petitioner has given a false declaration with regard to his social status and secured employment as scheduled Caste candidate. On the basis of the preliminary report, disciplinary proceedings were initiated and the District collector was also addressed by letter dated 15-12-1997 to cancel the social status certificate issued to the petitioner and the orders of the District Collector are awaited. On the basis of the preliminary report, disciplinary proceedings were initiated and the District collector was also addressed by letter dated 15-12-1997 to cancel the social status certificate issued to the petitioner and the orders of the District Collector are awaited. In these circumstances, it is contended that the disciplinary action initiated against the petitioner is valid and in accordance with the provisions of law and the writ petition is, therefore, liable to be dismissed. ( 5 ) ON the basis the facts and circumstances, the only allegation is that the petitioner does not belong to Scheduled caste and after obtaining such social status certificate, he secured employment and on the basis of the complaint made by the S. C. and S. T. Employees Association, disciplinary action was initiated and on the basis of the interim report, disciplinary action was initiated and ultimately the district Collector was requested to cancel the social status certificate issued to the petitioner, as early as on 15-12-1997. Thereafter no steps were taken by the respondents to get any directions from the collector. ( 6 ) ON the other hand, as per Section 21 of the Act, all the certificates issued by the competent authority prior to the commencement of the Act are valid certificates. Since all the certificates issued prior to the commencement of the Act are valid certificates, it follows that unless such certificate is cancelled, the respondent cannot initiate disciplinary proceedings in that regard. Therefore, for the above stated reasons, since the petitioner has obtained the social status certificate issued by the District social Welfare Officer, who was competent to issue such certificate, and as on the date of charge-sheeting the petitioner, he was holding valid certificate, the respondents have no power to proceeding against the petitioner merely on the basis of the interim report. ( 7 ) IN view of my discussion above, since charge-sheet has already been issued and since the District Collector is now ceased of the matter, the respondents are directed to keep the disciplinary proceedings in abeyance and shall not proceed with the impugned charge-sheet, unless the social status of the petitioner is adjudicated by the district Collector, as per the provisions of the Act within a period of 3 months from the date of receipt of copy of this order 1993. With these observations, the writ petition stands disposed of. No order as to costs.