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2014 DIGILAW 2041 (MAD)

K. Suresh Kumar v. Sub Collector Tiruppathur, Vellore District

2014-07-09

G.CHOCKALINGAM, V.DHANAPALAN

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Judgment : V. Dhanapalan, J. Heard Mr.V.Elangovan learned counsel for the petitioner and Mr.T.N.Rajagopalan, learned Special Government Pleader appearing for the respondent. 2. The petitioner has come up with this Writ Petition challenging the proceedings of the respondent in RC.A1/6270/2010 dated 26.03.2014 and for a direction to the respondent to issue Community Certificate to him that he belongs to 'Kurumans (ST) Community' based on the proceeding of the District Level Vigilance Committee, Chennai vide Na.Ka.Vu4/11830/99 dated 03.09.2007. 3. According to the petitioner, he belongs to 'Kurumans' Community, which is a Scheduled Tribe Community, under the Presidential Order. In the Transfer Certificate dated 03.06.1987 issued by the School, it has been mentioned that the petitioner belongs to Hindu, Kurumans Community, on which basis, the Tahsildar, Purasawalkam-Perambur, issued a Community Certificate dated 12.12.1989. On the basis of the said Community Certificate, the petitioner was appointed as a Clerk, Grade I in the Integral Coach Factory (I.C.F.) through a selection conducted by the Railway Recruitment Board. 4. It is further stated by the petitioner that he joined duty on 14.05.1992 and thereafter promoted as Head Clerk on 26.05.1994, as an Office Superintendent, Grade-II on 27.05.1996 and as an Office Superintendent, Grade-I on 01.11.2003. On 31.03.2000, the District Collector, Chennai sent a notice for verification of the petitioner's Community Certificate and the petitioner attended an enquiry on 21.02.2000 and his statement was recorded. A second notice was sent on 30.05.2000 calling upon him to attend the enquiry on 07.06.2000. The petitioner attended the enquiry, but, thereafter, no proceeding was communicated to him. At this stage, on 18.10.2004, a notice was issued by the respondent calling upon the petitioner to attend the enquiry on 21.10.2004. Since the notice was received only on 19.10.2004, the petitioner was unable to go there in time and he was informed that the matter was adjourned and fresh enquiry would be intimated. Thereafter, he received a notice dated 25.10.2004 and the same was received on 27.10.2004 directing the petitioner to appear for enquiry on 29.10.2004. 5. Since the notice was received only on 19.10.2004, the petitioner was unable to go there in time and he was informed that the matter was adjourned and fresh enquiry would be intimated. Thereafter, he received a notice dated 25.10.2004 and the same was received on 27.10.2004 directing the petitioner to appear for enquiry on 29.10.2004. 5. In the meanwhile, the District Level Vigilance Committee (DLVC) conducted an enquiry in respect of the petitioner's community and the DLVC, by its proceedings dated 03.09.2007 held that the petitioner belongs to Kurumans (ST) Community and further held that since the Certificate has been issued by the Tahsildar on 12.12.1989, which was after the cut-off date of 11.11.1989, the petitioner was directed to get Community Certificate (ST) from the competent authority. Since no order was passed, the petitioner filed a Writ Petition in W.P.No.4164 of 2010 for a direction to the respondent herein to issue Community Certificate to him based on the order dated 03.09.2007 passed by the DLVC. This Court, by an order dated 11.03.2010 directed the respondent herein to consider and pass orders within a period of four weeks. 6. Pursuant thereto, the petitioner was called for an enquiry to be held on 19.07.2010 and the petitioner appeared for the enquiry and submitted all the documents. However, the respondent passed an order on 04.08.2010 rejecting the petitioner's application, against which, the petitioner filed a Writ Petition in W.P.No.26778 of 2010, wherein, this Court set aside the order dated 04.08.2010 of the respondent and directed the respondent to consider all the materials produced by the petitioner, taking into consideration the finding of the DLVC, which held that the petitioner belongs to Kurumans (ST) Community and pass orders before the end of March 2011. 7. Thereafter, on 01.03.2011, the respondent issued notice to the petitioner to appear for an enquiry on 11.03.2011 and the petitioner attended the enquiry. Since no orders were passed by the respondent, the petitioner filed an Contempt Application on 27.01.2014 in Contempt Petition No.493 of 2014. Pending disposal of the same, the respondent passed an order on 13.02.2014 rejecting his application. Thereafter, on 01.03.2011, the respondent issued notice to the petitioner to appear for an enquiry on 11.03.2011 and the petitioner attended the enquiry. Since no orders were passed by the respondent, the petitioner filed an Contempt Application on 27.01.2014 in Contempt Petition No.493 of 2014. Pending disposal of the same, the respondent passed an order on 13.02.2014 rejecting his application. Hence, the petitioner filed a Writ Petition in W.P.No.5498 of 2014 on the ground that the respondent had passed an order exparte without even hearing him and this Court set aside the respondent's order of rejection and remitted the matter to the respondent with a direction to consider the claim of the petitioner in the light of the documents to be produced by him and pass fresh orders within three weeks. However, without considering the documents furnished by the petitioner and the directions of this Court, the respondent rejected the claim of the petitioner vide proceedings dated 26.03.2014. Finding no other efficacious alternative remedy, the petitioner is again before this Court seeking Community Certificate that he belongs to 'Kurumans (ST) Community'. 8. When this Writ Petition was taken up for hearing on 19.06.2014, it was informed to this Court that the State Level Scrutiny Committee is seized of the matter and an enquiry had been conducted on 09.06.2014 and the result of the said enquiry is awaited. Thereafter, on subsequent hearings, the matter stood adjourned. 9. Today, when the matter is taken up for hearing, learned Special Government Pleader, by producing a copy of the proceedings of the respondent vide Na.Ka.No.6270/A1/14, dated 03.06.2014, would submit that an enquiry was fixed on 09.06.2014 at 11.00 am, on which date the petitioner was directed to appear for the enquiry with relevant documents. 10. In view of the above submission of the learned Special Government Pleader, it is for the petitioner to go before the authority concerned in respect of his claim for issuance of Community Certificate. 11. Recording the above proceedings dated 03.06.2014, this Writ Petition is closed. However, it is open to the petitioner to approach this Court, in case any fresh cause of action arises. No costs. Consequently, connected M.P.No.1 of 2014 is closed.