HYDERABAD: Finding no justification on the part of the respondent authorities in initiating an inquiry for the third time into the social status of a person, the Hyderabad High Court has set aside the orders passed by the state government and the proceedings of the district collector concerned against the said person.
According to petitioner Sankar Rao of Vizianagaram district of Andhra Pradesh, who joined the services of Bharat Heavy Plates & Vessels company in 1972 and retired from service on voluntary basis in 2001, the district collector initiated an enquiry against him in 1981 on a complaint from the Scheduled Castes and Scheduled Tribes Association. The MRO concerned submitted a report stating that Rao belonged to ‘Konda Kapu’ community, a Scheduled Tribe.
Another enquiry was initiated against him 1988 and the MRO submitted a report stating that the petitioner belonged to ‘Konda Kapu’. In 1991, the collector issued a notice, asking the petitioner to appear for an enquiry with regard to the verification of his caste status. Accordingly, he submitted all the details.
In 1994 the collector issued a show-cause notice asking him to reply as to why the caste certificate issued to him in 1967 should not be cancelled. Thereafter, in 1999, the collector passed an order cancelling his caste certificate. Later, the government confirmed the order.
Challenging the validity and the legal sustainability of the above orders, Rao approached the High Court for relief.
The petitioner’s counsel contended that the impugned orders were illegal, arbitrary and violative of Article 14 of the Constitution and opposed to the very spirit and object of the provisions of the Andhra Pradesh (SCs, STs and BCs) Regulation of Issue of Community Certificates Act, 1993 and the Rules made thereunder, and a clear violation of the principles of natural justice.
The government’s counsel contended that the impugned orders were not amenable for any judicial review under Article 226 of the Constitution. The authorities afforded complete opportunity to the petitioner. As such, the complaint of violation of principles of natural justice was untenable, he said.
After hearing both the sides and perusing the material on record and various court judgments, Justice A V Sesha Sai found that the MRO’s report to the district collector stating that the petitioner belonged to the ‘Konda Kapu’ community was submitted only after recording the statements of various persons, including the village sarpanch and munsif. During the enquiry initiated once again, the collector cancelled the caste certificate of the petitioner without adhering to the mandatory requirements of Section 5 of the Act which mandates that if the district collector is of the opinion that a person fraudulently obtained the certificate, an opportunity of making a representation should be given, the judge observed.
With regard to the petitioner’s submission that the authorities caused enquiries twice which turned out in his favour, the judge said that the court found absolutely no justification on the part of the respondent authorities in initiating an enquiry for the third time. He held that the very enquiry held against the petitioner for the third time was unsustainable and untenable in the eye of law.
Further, as a consequence of the collector’s orders, criminal prosecution was launched against Rao and the metropolitan magistrate concerned had acquitted him of the alleged offences, the judge noted and allowed the petition by setting aside the orders passed against him by the government and the proceedings of the district collector.