THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.3608 of 2010 ORDER: The petitioner was initially appointed as a Watchmen in the Food Corporation of India, on 05.07.1976, against a vacancy reserved in favour of Scheduled Tribes. Over the period, he earned many promotions and on 17.12.2008, he was promoted to the post of Manager. The petitioner states that he belongs to ‘Boya’ community. On a complaint received by the Food Corporation, as to the genuinity of the social status of the petitioner, a letter was addressed to the District Collector and Magistrate, Guntur. A reply was received to the effect that no caste certificate, as alleged by the petitioner, was issued to him at the time of his appointment. Taking the same into account, the Executive Director, 1st respondent herein, passed an order dated 09.02.2010, dismissing the petitioner from service. The same is challenged in this Writ Petition. One of the grounds urged by the petitioner is that he has not been issued any show cause notice, before the impugned order was passed. He also pleads that the District Collector, Guntur, did not issue any notice, before sending any reply that the caste certificate issued to him was not genuine. Other grounds are also raised. While issuing notice before admission on 18.02.2010, this Court suspended the order dated 09.02.2010, but left it open to the respondents to initiate action against the petitioner in accordance with law. Subsequently, the said order was made absolute. Heard learned counsel for the petitioner and learned counsel for the respondents. Admittedly, the impugned order was not preceded by any show cause notice. Even if there existed valid basis for the respondents to proceed against the petitioner, they ought to have put him on notice. As observed earlier, this Court left it open to the respondents to take action in accordance with law, while suspending the impugned order. Obviously, realizing their mistake, the respondents have issued a memo dated 16.03.2010, informing the petitioner that they propose to hold enquiry against him under Regulation 58 of the Food Corporation of India (Staff) Regulations 1971. In view of this development, the impugned order cannot be sustained. The Writ Petition is accordingly allowed and the impugned order is set aside. It is left open to the respondents to proceed with the enquiry against the petitioner, in accordance with law. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.07.10.2010. GJ