HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.2284 of 2003 ORDER: It appears the petitioner is a diploma holder in Chemical Engineering and he was appointed as Operator Grade – II in the service of the Fertilizer Corporation of India in the year 1980. He was further promoted as Operator Grade-I in the year 1981, Senior Operator in 1984, Assistant Foreman in the year 1986 and finally as Assistant Project Engineer in 1992. While that being so, the Caste Certificate obtained by the petitioner showing that he is “Konda Kapu” was cancelled by the Tahsildar concerned. Therefore, he filed Writ petition No. 24495 of 1997 and the said writ petition was disposed of on 26.3.1998 allowing the said writ petition filed by the petitioner and directing the respondents to conduct fresh enquiry into the matter. Further the petitioner also filed Writ Petition No. 12031 of 1998 seeking payment of salary for the period from 12.9.1997 to 26.3.1998 and the same was also allowed. However, after conducting a detailed enquiry as per the direction in Writ Petition No. 24495 of 1997, dated 26.3.1998, the Caste Certificate of the petitioner was cancelled by order dated 2.11.1999 by the Collector, Vizianagaram. Aggrieved thereby, the petitioner filed an appeal before the 1st respondent. The 1st respondent after detailed examination of the entire material placed before it, issued G.O. Ms. No.70, dated 14.8.2000 holding as under: “8. The appellant in his petition has stated that his grand father Late Sri Lanka Satyanarayana was retired as Guard ,S.E. Railway on 23.9.1965 and to the effect Railway authorities issued a certificate, that the Caste of appellant’s grand father belongs to Konda Kapu Community and the appellant has further informed that his father Sri L. Hanumantha Rao was also issued ST caste certificate from the Collector, Visakhapatnam dt. 23.11.1965 and the same was recorded in service register as Konda Kapu The appellant has further submitted that the B/o. the appellant’s father Sri L. Rama Rao belongs to Konda Kapu S.T. community and the same was published in Gazette by A.P. Public Service Commission on 18.05.1978 supplement to Part-I vide No. 19-C showing the name Dr. L. Rama Rao in Page No. 16 vide Sl. No.259 clearly mentioned in column-3 which is meant for caste shown as ST. Accordingly a caste certificate was issued to the appellant by the then Tahsildar, S. Kota, dt. 27.9.1971. 9. In the reference third read above, the Government issued stay orders on the operation of Collector, Vizianagaram proceedings first read above and the Collector has been requested to furnish the parawise remarks and original records of the case to Government for further action. Accordingly the Collector, Vizianagaram Dist. Has furnished the records in his letter fourth read above. 10. In the reference fifth read above hearing notices were issued to the appellant and his counsel for attending hearing of the appeal and put forth their arguments finalizing the social status of the individual by Government. The appellant and his counsel are attended for personal hearing on 24.7.2000 at 4.00 P.M. before Appellate Authority. 11. The appellant and his counsel have produced some written arguments dt. 24.7.2000 at the time of hearing in support of his claim as Konda Kapu (ST) and also submitted proof to that extent. 12. After careful consideration of the records available with the Government and after thorough examination of the appeal petition dt. 6.12.999 and also other material adduced by the counsel for the appellant at the time of hearing before Appellate Authority, Government has come to the conclusion that Sri Lanka Satyanarayana, S/o. L. Hanumantha Rao belongs to Konda Kapu (ST) Caste. In exercise of the powers conferred under Section 7(2) of A.P. (Scs, STs & BCs) Regulation of Community Certificate’s Act No.16/93 and rules issued in G.O. Ms. No.58, S.W.(J2) Dept.,dt.12-5-1997, Government hereby set aside the orders of the Collector, VIzianagaram District issued vide Proceedings Rc. No. 2092/97. C7, dt. 2.11.99. “ Thus, the petitioner was absolved of the charge and he has been continued in service. While that being so, by the impugned memo, dated 27.1.2003, the Government intended to review the order passed in G.O. Ms. No. 70, Social Welfare (CV.2), Department, dated 14.8.2000. According to the impugned memo, the petitioner was supposed to appear in person for hearing regarding his social status, failing which, it will be construed that he has no claim whatsoever in the matter and it will be decided on merits. Learned counsel for the petitioner strenuously contended that the question of reviewing the Government’s own order dated 14.8.2000 does not arise. There are no valid grounds shown for the purpose of reviewing the order dated 14.8.2000. Any review has to be made only when there is fraud or misrepresentation and if such fraud or misrepresentation has been proved by obtaining a particular order from the Government. In this case, absolutely there are no such circumstances existing. Therefore, the Government could not have ordered for review of the matter. I am in full agreement with the submissions made by the learned counsel for the petitioner and hold that issuing of Memo No.22674/CV.II/97- 16, dated 27.1.2003 is arbitrary, illegal and also liable to be set aside. In view of the same, the writ petition is allowed and the impugned order dated 27.1.2003 is set aside. No order as to costs. ________________ C.V. RAMULU,J DATE: 17th February, 2011 pnb