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2014 DIGILAW 2033 (MAD)

Oriental Bank of Commerce, rep. by its Chief Manager v. Secretary to Government

2014-07-09

G.CHOCKALINGAM, V.DHANAPALAN

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Judgment V. Dhanapalan, J. 1. Heard Mr. D. Thirumoorthy, learned counsel for the petitioner and Mr. T.N. Rajagopalan, learned Special Government Pleader appearing for respondents 1 to 3. 2. The petitioner has come up with this Writ Petition for a direction to the 1st and 2nd respondents herein to dispose of the matter relating to the genuineness of the Community Certificate of the 4th respondent, i.e. Mr. N. Ramakrishna Raju. 3. According to the petitioner, the 4th respondent was employed in their Bank on the basis of the Certificate produced by him certifying that he belongs to SC/ST category. Later, it was found that the Certificate was not a genuine one and was a concocted one. The Bank immediately took disciplinary action against the 4th respondent, who then filed W.P.No.34877 of 2007 challenging the impugned order of the 3rd respondent vide Na.Ka.No.63529/200/J2 dated 01.03.2007 signed on 09.03.2007, by which the community certificate issued to the 4th respondent was cancelled. The said Writ Petition was filed on two grounds, namely, the cancellation of Community Certificate was based on the District Collector's Report dated 04.11.2004, a copy of which was not furnished to the petitioner and that the cancellation was without application of mind by the District Level Vigilance Committee. A Division Bench of this Court, in the said Writ Petition, by a considered order dated 31.07.2008, was pleased to set aside the impugned order and while setting aside the same, remitted the matter back to the 1st respondent herein for its consideration and directed the 1st respondent herein to consider the matter and pass orders within a period of three months from the date of receipt of the said order. Despite the direction of this Court, the 1st respondent kept the matter pending. Finding no other efficacious alternative remedy, the petitioner is once again before this Court for the above relief. 4. When this Writ Petition was taken up for hearing on 11.06.2014, learned Government Advocate appearing on behalf of respondents 1 to 3, produced a letter dated 05.06.2014 issued by the Secretary, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai-9, whereby, it is stated that the State Level Scrutiny Committee would examine the issue in question and pass appropriate orders by the end of June 2014. Thereafter, the matter stood adjourned on four occasions. 5. Thereafter, the matter stood adjourned on four occasions. 5. Today, when the matter was taken up for hearing, learned Special Government Pleader produced a copy of the proceedings of the 1st respondent addressed to the 4th respondent- N.Ramakrishna Raju, vide Letter No.14847/ADW5(1)/2007-17, dated 27.06.2014, wherein it is stated as follows: ''3. In this connection, I am to request you to furnish your reply for the above points to the State Level Scrutiny Committee within 30 days from the date of receipt of this letter. I am also to inform that the decision taken by the State Level Scrutiny Committee is not final and your case will be finalized only after production of the valid documents within the above stipulated time, failing which, the State Level Scrutiny Committee may pass orders based on the available records on the merit of the case. ” 6. In the light of the above stated position, it is for the petitioner and the 4th respondent to go before the authority concerned and persuade their claim for issuance of the 4th respondent's Community Certificate. 7. Recording the above proceedings, this Writ Petition is closed. No costs. However, it is open to the petitioner to approach this Court, in case any fresh cause of action arises.