Adai Kalasamy Aided Primary School Rep by its Secretary A. Henry v. Commissioner Adidravida Welfare Department, Chennai
2013-04-19
K.SUGUNA, M.DURAISWAMY
body2013
DigiLaw.ai
JUDGMENT K. Suguna, J. 1. This Writ Petition is filed for the issue of a writ of mandamus to direct the 2nd respondent to pass final orders, after conducting enquiry in respect of the genuineness of the Community Certificate of the 5th respondent. 2. According to the learned counsel for the petitioner, the 5th respondent was appointed as a Secondary Grade Assistant in the vacancy reserved for SC candidates. Since a doubt had arisen with regard to the genuineness of the Community Certificate of the 5th respondent, the matter was referred to the 2nd respondent. According to the learned counsel, though the 5th respondent was directed to appear for the enquiry to be conducted, he is not co-operating in the enquiry. Relying on the enquiry notice dated 16.07.2009, it is the stand of the learned counsel for the petitioner that though the 5th respondent was directed to appear for the enquiry by fixing the enquiry on 23.07.2009, he has not turned up. 3. Even according to the learned Additional Government Pleader also, in view of non co-operation of the 5th respondent, enquiry could not be completed and final orders could not be passed. 4. But, according to the learned counsel appearing for the 5th respondent, now, the 5th respondent is willing to co-operate in the enquiry. But, according to him, to take revenge on the 5th respondent for filing a writ petition challenging the action initiated by the petitioner, this writ petitioner is filed. 5. Since the relief sought is to direct the 2nd respondent to complete the enquiry and to pass orders as to whether the 5th respondent belongs to SC community or not, this Court is not willing to go into the issue raised by the learned counsel for the 5th respondent. As far as the relief sought with regard to verification of the community certificate of the 5th respondent is concerned, we are of the opinion that the same is sustainable. 6.
As far as the relief sought with regard to verification of the community certificate of the 5th respondent is concerned, we are of the opinion that the same is sustainable. 6. Consequently, since the enquiry had already commenced and since, according to the petitioner as well as the official respondent, in view of non-cooperation of the fifth respondent, enquiry could not be completed, this writ petition is disposed of by directing the fifth respondent to cooperate in the enquiry and in the event of non-cooperating of the fifth respondent in the enquiry, after providing a reasonable opportunity to the fifth respondent to participate in the enquiry, still, if the fifth respondent continues to behave with the same attitude, recording the same, the second respondent is directed to pass orders. However, final orders are directed to be passed within a period of six weeks from the date receipt of a copy of this order. No costs.