IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.06.2010 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE B.RAJENDRAN Writ Appeal No.3134 of 2001 R.Sethuramalingam ... Appellant vs. 1.The Collector and Chairman, District Level Vigilance Committee, Dindigul, Dindigul District. 2.The Revenue Divisional Officer, Dindigul, Dindigul District. 3.Southern Railway, rep. by its Divisional Personnel Officer, Divisional Office, Personnel Branch, Trichy-620 001. ... Respondents. Writ Appeal filed under Clause 15 of the Letters Patent against the order of the learned single Judge made in W.P.No.17112 of 2001 dated 01.10.2001. For Appellant : Mr.M.Suresh Kumar For Respondents : Mr.M.Dhandapani, Spl. Govt. Pleader for R1 and R2 Mr.M.Vellaisamy for R3 JUDGMENT
(Judgment of the Court was delivered by R.BANUMATHI, J.)
This Writ Appeal arises out of the order of learned single Judge in W.P.No.17112/2001 dated 01.10.2001 dismissing the Writ Petition holding that the Issuing Authority/District Level Committee to verify and scrutinise the certificate issued previously. Writ Petitioner is the Appellant.
2. Brief facts are that Appellant-Sethuramalingam has got appointment in Southern Railway under Scheduled Tribe quota as if he belongs to ‘Kattunayakkan’ community. The General Manager, Southern Railway, Personnel Branch, by its letter No.P(S)171/1/33/Repn.TPJ dated 23.8.1999 has requested the District Collector, Dindigul to verify the genuiness of the community status of the Appellant as there was some doubt as to the genuineness of the certificate. The District Collector, Dindigul requested the Revenue Divisional Officer to conduct discredit enquiry and to report as the genuineness of the community certificate issued to the Appellant.
3. In the mean time, Appellant has approached the High Court and filed W.P.No.17112/2001 praying to forbear the Respondents from proceeding further in the matter of verification of community status/certificate. W.P.No.17112/2001 was dismissed on 1.10.2001 which is challenged in this Writ Appeal.
4. From the averments in the counter-affidavit filed in the Writ Appeal, it comes to be known that after the dismissal of Writ Petition on receipt of Sub Collector [incharge] report, the District Vigilance Committee sent an intimation to the Appellant to appear before the Committee on 22.4.2002, 13.05.2002, 05.09.2004 and 29.09.2004. But the Appellant did not appear for enquiry. He has only sent telegram to the office on 29.09.2004 stating that he is under Medical Observation and requesting to adjourn the matter.
5. We have heard Mr.Suresh Kumar, learned counsel for Appellant and Mr.Dhandapani, learned Special Government Pleader for Respondents 1 and 2 and Mr.Vellaisamy, learned counsel for 3rd Respondent.
6. After Kumari Madhuri Patil’s case [(1994) 6 SCC 241], the District Level Vigilance Committee and State Level Scrutiny Committee have been constituted to scrutinize the genuineness of the community certificates issued to Scheduled Caste and Scheduled Tribes and also issued guidelines for the functioning of those Committees in order to protect the welfare of the Scheduled Caste and Scheduled Tribe people from the false claimants. In G.O.(2D) No.108 Adi Dravidar and Tribal Welfare (CV-I) Department dated 12.09.2007, in supersession of the orders and guidelines issued on the subject, the Government have constituted District Level Vigilance Committee to scrutinize the genuineness of the community certificates issued as Scheduled Caste and State Level Scrutiny Committee to scrutinize the genuineness of the community certificates issued as Scheduled Tribes. Constitution of District Level Vigilance Committee and State Level Scrutiny Committee read as under:-
District level Vigilance Committee
Functions
1. District Collector
2. District Adi Dravidar and Tribal Welfare Officer
3. An Anthropologist
Chairman
Member Secretary
Member
To scrutinize the genuineness of the community certificates issued as Scheduled Caste and to pass final orders. If aggrieved by the orders, appeal will lie only with the High Court, Madras under Article 226 of the Constitution of India and then with Supreme Court under Article 136 of the Constitution of India.
State Level Scrutiny Committee
Functions
1. Secretary to Government
Adi Dravidar and Tribal Welfare
Department
2. Director/Commissioner Tribal Welfare
3. An Anthropologist
Chairman
Member Secretary
Member
To scrutinize the genuineness of the community certificates issued as Scheduled Tribes and to pass final orders. If aggrieved by the orders, appeal will lie only with the High Court, Madras under Article 226 of the Constitution of India and then with Supreme Court under Article 136 of the Constitution of India.
7. Having regard to the G.O.(2D) No.108 Adi Dravidar and Tribal Welfare (CV-I) Department dated 12.09.2007, the first respondent District Level Vigilance Committee is not a competent authority to scrutinise the community certificate issued to the appellant and only State Level Scrutiny Committee is the appropriate authority. The District Level Scrutiny Committee in respect of ST community status verification has now been replaced by State Level Scrutiny Committee, the Appellant is bound to appear before the State Level Scrutiny Committee for proving his ST community status.
8. In view of G.O. (2D) No.108 Adi Dravidar and Tribal Welfare (CV-I) Department dated 12.09.2007, the Writ Appeal stands disposed off in terms of the above observation. The first respondent District Level Vigilance Committee is directed to transfer the records/files to the State Level Scrutiny Committee. 1st Respondent shall forthwith transmit the records/file to the State Level Scrutiny Committee. The State Level Scrutiny Committee shall issue notice to the appellant and afford opportunity to the appellant and pass appropriate orders expeditiously.
It was stated before us that Appellant is due for retirement on superannuation during the year 2012 i.e. 31.07.2012. Having regard to the short tenure available, the State Level Scrutiny Committee shall pass appropriate orders within a period of four months from the date of receipt of copy of this Judgment.
Onbehalf of Appellant, learned counsel for Appellant has also submitted that Appellant would co-operate with the State Level Scrutiny Committee for disposal within the time frame.
[R.B.I.,J] [B.R.,J]
28.06.2010
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Index: Yes/No
Internet: Yes/No
To
1. The Collector and Chairman,
District Level Vigilance Committee,
Dindigul, Dindigul District.
2. The Revenue Divisional Officer,
Dindigul, Dindigul District.
3. Southern Railway,
rep. by its Divisional Personnel Officer,
Divisional Office,
Personnel Branch, Trichy-620 001.
R.BANUMATHI, J.
and
B.RAJENDRAN, J.
bbr
W.A.No.3134 of 2001
28.06.2010