{"id":257024,"date":"2003-09-01T00:00:00","date_gmt":"2003-08-31T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/k-adinarayana-reddy-vs-govt-of-a-p-rep-by-its-prl-on-1-september-2003"},"modified":"2016-10-14T21:43:47","modified_gmt":"2016-10-14T16:13:47","slug":"k-adinarayana-reddy-vs-govt-of-a-p-rep-by-its-prl-on-1-september-2003","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/k-adinarayana-reddy-vs-govt-of-a-p-rep-by-its-prl-on-1-september-2003","title":{"rendered":"K. Adinarayana Reddy vs Govt., Of A.P. Rep. By Its Prl. … on 1 September, 2003"},"content":{"rendered":"
Andhra High Court<\/div>\n
K. Adinarayana Reddy vs Govt., Of A.P. Rep. By Its Prl. … on 1 September, 2003<\/div>\n
Equivalent citations: 2004 (2) ALT 760<\/div>\n
Author: V Eswaraiah<\/div>\n
Bench: V Eswaraiah<\/div>\n

ORDER<\/p>\n

V. Eswaraiah, J.\n<\/p>\n

1. All these writ petitions are filed by the same person namely K. Adinarayana Reddy and since the issue that fell for consideration of this court being one and the same, all these writ petitions are heard together and disposal of by a common order.\n<\/p>\n

2. The petitioner obtained a Community Certificate as Scheduled Tribe Community from the Tahslidar, Nagur, Khammam District on 4-5-1980, stating that he belongs to ‘Hill Reddy’ community, which is listed as Scheduled Tribe under Presidential Order. Based on the said Social Status Certificate vide Certificate No. C\/1890\/80, dated 4-5-1980, he secured employment in the State Bank of Hyderabad as Cashier-cum-Clerk on 18-8-1980 under ST. Quota. While the petitioner was working in the bank, complaints have been received against him with regard to securing of the said job by producing false Caste Certificate. Based on the said complaints the District Collector, Khammam, referred the matter to the R.D.O., Bhadrachalam (for short R.D.O.), for enquiry and to decide the genuineness of the said Caste Certificate, whether the petitioner belongs to ‘Hill Reddy’ (ST.) or not. The R.D.O., Bhadrachalam, conducted enquiry and reported that the petitioner does not belong to the said Community and the said Caste Certificate was issued without conducting any preliminary enquiry and the same is a false and bogus one it is further stated that the caste-people of the petitioner are not found anywhere in the said village i.e., Venkatapuram Village of Wazeedu Mandal and therefore, the certificate produced by him is a bogus one. Based on the Report dated 15-6-1996 submitted by the R.D.O., Bhadrachalam, a show-cause notice dated 4-7-1996 was issued and the same was served on the petitioner on 26-6-1996, to which the petitioner filed reply on 5-9-1996. The District Collector after considering the explanation of the petitioner cancelled the said Caste Certificate dated 4-5-1980, issued by the Tahsildar, Nagur, Khammam District, by Rc.No. B8\/18154\/94, dated 25-101996. Questioning the said order of the District Collector dated 25-10-1996, the petitioner filed Writ Petition No. 1646 of 1997, contending that without giving any opportunity the R.D.O. conducted the enquiry about his Social Status Certificate and submitted his report dated 15-6-1996, based on which his Caste Certificate was cancelled.\n<\/p>\n

3. This court disposed of the said writ petition by order dated 31-1-1997, setting aside the order of the District Collector dated 25-10-1996 and directing the R.D.O. to issue notice to the petitioner to produce oral or documentary evidence, and consider the same by submitting fresh report to the District Collector. Based on the said order of the District Collector dated 25-10-1996 the State Bank of Hyderabad also issued Proceedings dated 16-11 -1998, placing the services of the petitioner under suspension and ordering disciplinary Proceedings. The said Proceedings dated 16-11-1998, were also questioned in Writ Petition No. 32603 of 1998 and this court disposed of the said writ petition based on the representation made by the State Bank of Hyderabad stating that the writ petition is not maintainable as the Social Status Certificate submitted by the petitioner was already cancelled and accordingly, the petitioner was directed to file a regular appeal before the Appellate Authority and the Appellate Authority was directed to dispose of the same within one month from the date of such filing. Thus the disciplinary Proceedings initiated by the State Bank of Hyderabad under Proceedings dated 16-11-1998 was not interfered with or set aside except permitting the petitioner to file an appeal against the order of the District Collector.\n<\/p>\n

4. It is stated that pursuant to the directions of this court in Writ Petition No. 1646 of 1997, the R.D.O. Bhadrachalam issued notice to the petitioner to appear before the Revenue Divisional Office on 29-4-1998, but the petitioner failed to appear even though the said notice was served on him. Again a telegram dated 11-5-1998 was issued, directing the petitioner to attend the enquiry. In response to which, the petitioner failed to attend the enquiry on the ground that he was unwell as informed by the Branch Manager, State Bank of Hyderabad, Nellore. Again a notice was issued on 18-5-1998 through the Branch Manager, State Bank of Hyderabad, Nellore. The Branch Manager, State Bank of Hyderabad, Neilore, informed that the petitioner extended his leave by 10 more days. A notice was sent again to attend the enquiry on 1-6-1998 and the petitioner refused to receive the said notice. However, the petitioner made a representation dated 26-5-1998 requesting a month’ time to attend the enquiry. Accordingly, the enquiry was fixed on 1-7-1998 and a notice dated 26-5-1998 was also got served on the petitioner. The petitioner received the said notice, but failed to attend the enquiry. The petitioner made a further representation dated 30-6-1998 stating that he received a notice of hearing dated 1-7-1998, but he cannot attend due to ill-health and accordingly requested for extending the time for one more month. He failed to attend the enquiry scheduled on 29-4-1998, 11-5-1998, 18-5-1998, 1-6-1998 and 1-7-1998 in spite of the notices and telegrams. In those circumstances, the R.D.O., Bhadrachalam was constrained to examine the material available on record. The R.D.O., Bhadrachalam has accordingly examined the School Records of the petitioner and verified the Admission Form, Transfer Certificate from the Class I to V and Class VI to X, in which it has been stated that the Caste of the petitioner was recorded as “Kaapu O.C”. Hence, basing on the School Records and the enquiry in the village, the R.D.O., Bhadrachalam recorded a finding that the petitioner belongs to Kapu and as such he had obtained a false (S.T.) Hill Reddy Caste Certificate. Accordingly, the R.D.O., recommended for cancellation of the ST (Hill Reddy) Caste Certificate Possessed by the petitioner. The District Collector, Khammam examined the report of the R.D.O. and accordingly, passed orders in Rc.D.6\/18154\/94, dated 8-9-1998, recording a finding that the petitioner obtained a false S.T (Hill Reddy) Caste Certificate and reported the matter to the State Government. Questioning the said report dated 8-9-1998 the petitioner filed an appeal before the Government under Section 7(2) of the A.P. Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of issue of community certificates) Act. 16\/93 and the Government without considering the contentions of the petitioner simply confirmed the order District Collector and cancelled the said Social Status Certificate of the petitioner, without passing any order to that effect. The order dated 8-9-1998, is only an internal correspondence\/report, submitted to the Government, stating that the petitioner cheated the authorities in obtaining the false Scheduled Tribe Certificate and got the employment in the State Bank of Hyderabad.\n<\/p>\n

Writ Petition No. 16565 of 2000<\/p>\n

5. In view of the above, the only question that arises for consideration of this court is to whether there was any order canceling the Social Status Certificate of the petitioner by the District Collector.\n<\/p>\n

6. Based on the report of the R.D.O., the Collector has not passed any order canceling the Social Status Certificate, as the earlier order of the Collector dated 25-10-1996 was already set aside by this court in Writ Petition No. 1646 of 1997 and therefore, the Collector ought to have issued a show-cause notice to the petitioner based on the report submitted by the R.D.O. and passed a final order.\n<\/p>\n

7. The District Collector did not pass any order canceling the Social Status Certificate, therefore the order of the Government in dismissing the appeal of the petitioner filed against the proceedings dated 8-9-1998, of the Collector are accordingly set aside and the Collector is directed to issue a show-cause notice to the petitioner based on the enquiry report submitted by the R.D.O. and pass appropriate orders in accordance with law and communicate the same to the State Bank of Hyderabad as well as to the petitioner. Accordingly, the Writ Petition No. 16565 of 2000 is disposed of.\n<\/p>\n

Writ Petition No. 20387 of 2000<\/p>\n

8. Insofar as the Writ Petition No. 20387 of 2000 is concerned, the petitioner had already filed Writ Petition No. 32603 of 1998, questioning the order of the State Bank of Hyderabad dated 16-11-1998 in placing his services under suspension and ordering disciplinary proceedings, and this court disposed of the same without setting aside the said order of the S.B.H directing the petitioner to file an appeal before the Government against the so-called order of canceling of the Social Status Certificate, by the District Collector vide Proceedings dated 8-9-1998. By Proceedings dt. 16-11-1998, the services of the petitioner were suspended and two charges were framed against him viz;\n<\/p>\n

Charge-I: You have given a wrong declaration and submitted a false caste certificate for securing employment in the Bank under ST category whereas you do not belong to ST category.\n<\/p>\n

Charge-II: You have willfully disobeyed the instructions of Head Office\/ Regional Office and the Branch Manager.\n<\/p>\n

(i) You have not submitted any explanation for the “Show Cause Notice” served on you concerning the false caste certificate vide Ass. General Manager, Vijayawada letter No. R. II\/Gr.1\/8904, dated 20.1.97.\n<\/p>\n

(ii) You have not submitted the information\/reports called for by the Personnel Dept., Head Office vide letter No. PER\/Gr.VIII\/8318, dated 12-3-98.\n<\/p>\n

You have disobeyed the lawful instructions of the Branch Manager, VMC Nellore served vide his letter dt. 8-5-98 and Telegram dt. 15-5-98, advising you to report to R.D.O., Bhadrachalam for enquiry on Caste Certificate case.\n<\/p>\n

Your above acts, if established, would amount to breach of Clause 19.5(j)(m)(e) of Bi-parties settlement and constitute gross misconduct punishable under Clause 19.6 of Bi-parties settlement.\n<\/p>\n

9. Insofar as Charge-I is concerned the Bank cannot proceed further until the District Collector passes a final order pursuant disposal of Writ Petition No. 16565 of 2000. With regard to Charge-II, it is open for the Bank to pass final orders on disciplinary enquiry conducted against the petitioner and the period of suspension of the services of the petitioner shall continue till the final orders are passed by the Bank in the disciplinary enquiry.\n<\/p>\n

10. Accordingly, with the above directions Writ Petition No. 20387 of 2000 is disposed of.\n<\/p>\n

Writ Petition No. 10787 of 1999<\/p>\n

11. Coming to Writ Petition No. 10787 of 1999, since the same being a mis-conceived one and not maintainable, it is accordingly, dismissed. However it is — by the petitioner that this W.P. has become infructuous.\n<\/p>\n

Writ Petition No. 12248 of 1998<\/p>\n

12. In Writ Petition No. 12248 of 1998, the petitioner seeks a writ of mandamus declaring the action of the respondents in imposing the condition that SC\/ST candidates shall produce a latest Caste Certificate, issued by the M.R.O., for consideration for promotion to the Officers Grade from clerical cadre in Jr. Management Grade Scale-1 in respondent bank vide Cir. Memo No. PER\/97-98\/18, dated 25-6-1997 as arbitrary and illegal and consequently direct the respondents to declare the petitioner’s result and promote him as Officer in Jr. Management Gr. Scale-1, with effect from when others were appointed.\n<\/p>\n

13. The petitioner is not entitled for the said relief unless he comes out of the disciplinary enquiry and the promotion depends upon the final order that may be passed by the District Collector, with regard to the Social Status Certificate pursuant to the orders of this court in Writ Petition No. 16565 of 2000.\n<\/p>\n

14. Accordingly, the Writ Petition No. 12248 of 1998 is dismissed.\n<\/p>\n

Contempt Cases No. 4 of 2002<\/p>\n

15. Contempt Case is filed complaining that the respondents deliberately and willfully disobeyed the order of this court dated 13-7-2001 passed in WP.M.P.No. 25895 of 2000 in W.P.No. 20387 of 2000.\n<\/p>\n

16. This Court by the said order stayed the proceedings of the Bank dt. 16-11 -1998.\n<\/p>\n

17. Since I have taken a view that it is open for the respondent-bank to finalise the disciplinary proceedings relating to Charge-II, I do not find fault with the Bank in continuing the services of the petitioner under suspension, therefore, the contempt case is liable to be closed.\n<\/p>\n

18. Accordingly, the contempt case is closed discharging the contemnors from contempt proceedings.<\/p>\n","protected":false},"excerpt":{"rendered":"

Andhra High Court K. Adinarayana Reddy vs Govt., Of A.P. Rep. By Its Prl. … on 1 September, 2003 Equivalent citations: 2004 (2) ALT 760 Author: V Eswaraiah Bench: V Eswaraiah ORDER V. Eswaraiah, J. 1. All these writ petitions are filed by the same person namely K. Adinarayana Reddy and since the issue that […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[10,8],"tags":[],"class_list":["post-257024","post","type-post","status-publish","format-standard","hentry","category-andhra-high-court","category-high-court"],"yoast_head":"\nK. Adinarayana Reddy vs Govt., Of A.P. Rep. 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