IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WA.No. 527 of 2006() -------------------- AGAINST THE JUDGEMENTIN OP.17098/1997 .................... APPELLANT(S): RESPONDENTS: -------------------------- 1. STATE OF KERALA REP. BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR , SCHEDULE TRIBE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, WAYANAD. BY SPL. GOVERNMENT PLEADER SRI. SANTHOSH KUMAR. RESPONDENT(S): PETITIONER: -------------------------- K.R. ANILKUMAR, POLICE DRIVER, P.C.NO.979, A.P. CAMP, KALPETTA, WAYANAD DISTRICT., NOW RESIDING AT KITTUPARAMBIL HOUSE, CHEMPU P.O., VAIKOM, KOTTAYAM DISTRICT. ADVS. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 527 OF 2006 --------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT Balakrishnan Nair, J. The respondents in the Original Petition are the appellants. The respondent herein approached this Court challenging Ext.P5 order of the Government dated 29.7.1997. The said order was passed, based on the proceedings of the scrutiny committee dated 30.11.1996 which in turn was based on the enquiry report of the Vigilance Officer, KIRTADS, Ext.R1 (a). The learned Single Judge quashed Ext.P5 on the ground that the respondent/petitioner was not given an opportunity of being heard before final orders were passed. The Government was given an opportunity to proceed afresh in accordance with law. Feeling aggrieved by the said judgment, this Writ Appeal is filed. 2. We heard the learned counsel on both sides. Having regard to the W.A. NO. 527/2006 2 nature of the order passed by the learned Single Judge and also the ground taken for the same, we feel that interference with the said judgment is not warranted in this appeal. The order has been quashed only on the ground of violation of the principles of natural justice. The learned Special Government Pleader who appeared for the appellants submitted that once it is found that the petitioner had procured false caste certificate, notice need not be issued for taking consequential action. The said contention cannot be accepted on the facts of this case. In Ext.P5, several actions are taken against the respondent, including the direction to recover the monetary benefits received by him. Further, there is a direction to prosecute the respondent/petitioner. If the proposal for prosecution is under the provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (Act 11 of 1996), it may not be permissible to prosecute the petitioner, as the caste certificate was obtained by the petitioner before the enforcement of the said Act. These are contentions which the respondent/petitioner would have urged, if he had been heard. 3. In view of the above position, we order that Ext.P5 shall be treated as a notice. The proceedings of Scrutiny Committee and report of KIRTADS are part of the pleadings. The respondent/petitioner may file W.A. NO. 527/2006 3 his objections to Ext.P5 within two months from today. The Government may, after affording the petitioner an opportunity of being heard, pass final orders in the matter within three months thereafter. The Writ Appeal is disposed of as above. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 527/2006 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A NO. 527/2006 JUDGMENT 4th June, 2009 W.A. NO. 527/2006 5