HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.6234 of 2008 ORDER: (Per Hon’ble Sri Justice C.V.Ramulu) This writ petition is directed against an interlocutory order made by Central Administrative Tribunal, Hyderabad, in O.A.No.172 of 2008 dated 19-03-2008 whereunder the Tribunal granted status quo as on that day as to the termination order passed by the official respondent. 2. Learned counsel for the petitioner contended that the petitioner approached the Tribunal only after his service was terminated and no purpose will be served if status quo is granted insofar as his termination is concerned. Further, the learned counsel for the petitioner states that no enquiry, as required under the law, as to the social status of the petitioner was conducted by any of the competent authorities, as of now. 3. Sri R.S.Murthy, learned standing counsel appearing for Railways, in his inimitable style submits that no enquiry is possible by any authority in a case of this nature. We are not inclined to agree with his submission. 4. The only basis on which the services of the petitioner were sought to be terminated was the letter addressed by the Collector stating that the certificate obtained by the petitioner to the effect that he belongs to Scheduled Tribe community appears to be bogus. In the impugned order of termination dated 07-03-2008 passed by respondents it is stated as follows: “ The authority on verification informed the Railway authorities that, you never belongs to Scheduled Tribe and also the certificate was not issued by the competent authority and as such, as per Section 4 of the Andhra Pradesh (Scheduled Caste, Scheduled Tribe and Backward Classes) Regulation of Issue of Community Certificate Act, 1993 it is an invalid certificate. The decision of the District Collector was circulated to you in this office letter dated 13-03-2007. But, you never made any representation against the same also.” 5. The said order itself shows that the Railway authorities have come to the conclusion that it is not a valid certificate basing on verification. In fact, there should have been regular enquiry under the Act. Such a course, admittedly, was not followed by the authorities. It is for the competent authority under the Act, to enquire into the matter, and come to the conclusion about the social status of the petitioner. Until such time, the respondents should not have taken the drastic step of terminating the petitioner from service, which prima facie appears to be illegal and arbitrary. Under those circumstances, the order of status quo as on the date of termination of service, passed by the Tribunal is liable to be set aside and it is accordingly set aside. In the result, there shall be interim suspension of the impugned order dated 07-03-2008 before the Central Administrative Tribunal, Hyderabad, in O.A.No.172 of 2008 till the disposal of O.A. The respondents shall reinstate the petitioner into service forthwith. 6. The writ petition is accordingly disposed of. No order as to costs. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 11-06-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 6234 of 2008 Between: P.Sathaiah S/o.Venkataiah S.C. Railway, Hyderabad Division, Secunderabad. ..... PETITIONER AND 1 South Central Railway, rep. through Divisional Railway Manager, Hyderabad Division, SCR, Secunderabad. 2 The Divisional Railway Manager, Hyderabad Division, South Central Railway, Secunderabad. 3 Sr. Divisional Personnel Officer, Hyderabad Division, South Central Railway, Secunderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction particularly one in the nature of Writ of Certiorari calling for the records relating to the impugned Order dated 19.3.2008 passed by the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad in O.A.No.172 of 2008 and set aside the same by further directing the Respondents to continue the petitioner in service pending O.A.No.172/2008 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad and t opass such other order or orders. Counsel for the Petitioner:MR.S.LAKSHMA REDDY Counsel for the Respondent No.: MR.R.S.MURTHY (ADD.CGSC) The Court made the following : .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}