HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.7995 of 2009 ORDER: It appears in pursuance of a notification issued by the second respondent in R.C.No.696/2002/C2 dated 30/12/2008, the ST backlog vacancies for the post of Mazdoor (General) were sought to be filled up and applications were called for. The petitioner applied for the said post, and in fact, his case was recommended by the duly constituted selection committee. However, after preparation of the select list, only few of them were appointed whereas the petitioner was not appointed. When he made enquiries, it was revealed that the respondents entertained doubt as to whether he studied in the school or not. In this case, however, the headmaster concerned certified that he himself had issued certificates, but the records are not available. On the basis of the said report, the petitioner’s case was rejected and further a criminal prosecution is sought to be launched against him on the ground that he had played fraud. This approach made by the respondents is most atrocious and arbitrary. It is not their case that any show cause notice was issued to the petitioner to explain as to why he has produced any bogus or forged certificate etc. No such notice was issued. Straightaway, the impugned orders were issued stating that his case shall not be considered for the post and further criminal prosecution is ordered. I am of the opinion that non-issuance of notice to the petitioner, calling for his explanation and not conducting a detailed enquiry into a very serious issue of this nature, is arbitrary, illegal and therefore, the impugned order is liable to be set aside on the ground of gross violation of principles of natural justice. Accordingly, the impugned order is set aside. The respondents are directed to conduct a detailed enquiry after issuing notice and examining witnesses, if any necessary, and record a finding there against and if it is found that the certificates produced by him are genuine one, the petitioner shall be appointed to the post of Mazdoor (General). This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. Till such time, the vacancies available as on today shall not be filled up and the Criminal prosecution cannot be proceeded with. The Writ Petition is accordingly disposed of. No order as to costs. __________________ JUSTICE C.V. RAMULU 30th April, 2010 SKM