IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.09.2010 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE B.RAJENDRAN Writ Petition No.23655 of 2001 R.Leelakrishnan .... Petitioner vs. 1.The Regional Manager United India Insurance Company Limited, Regional Office 178, Dr.Nanjappa Road Coimbatore – 18. 2.The District Level Vigilance Committee Collectorate Salem District. .... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for the relief of issuance of a writ of certiorarified mandamus to call for the records of the 1st Respondent viz., the United India insurance Company relating to its impugned letter No.CBE:RO: PER: 704: 2001 dated 13.11.2001 and quash the same and consequently direct the 1st Respondent not to take any disciplinary action against the Petitioner. For Petitioner : Mr.V.Vijay Shankar For Respondents : Ms.Chitra Sampath for R.1 Mr.M.Dhandapani,Spl.G.P. (R2) ORDER (Order of the Court was made by R.BANUMATHI,J.) The Petitioner seeks writ of certiorarified mandamus to quash the impugned letter No.CBE:RO: PER: 704: 2001 dated 13.11.2001 of the 1st Respondent served on the Petitioner, whereby the 1st Respondent has enclosed communication of the 2nd Respondent/District Level Vigilance Committee (community verification) and District Collector, Salem along with copy of report of Revenue Divisional Officer calling upon the Petitioner https://hcservices.ecourts.gov.in/hcservices/ to offer his remarks to the District Level Vigilance Committee. 2. Case of Writ Petitioner is that he belongs to Konda Reddy community, which is a Scheduled Tribe and the Tahsildar has issued community certificate on 14.7.1978 and another community certificate was issued to him on 25.7.1978. The Petitioner is also said to have registered his name in the Employment Exchange and his name was sponsored for appointment as subordinate staff in the United India Insurance Company. The Petitioner also joined the services of the 1st Respondent on 21.5.1980 as Assistant and on 12.3.987 the Petitioner was promoted as Record Clerk and was posted to United India Branch Office at Tiruppur. 3. The employer/1st Respondent sent the community certificate produced by the Petitioner for verification. In the year 1987, the Petitioner appeared before the Revenue Divisional Officer, Mettur and produced the documents in support of his community. According to the Petitioner, in the year 1999, the Revenue Divisional Officer, Mettur has again directed the Petitioner to appear before him. The Revenue Divisional Officer is stated to have sent a report to the District Collector stating that the Petitioner does not belong to Konda Reddy community. By the impugned letter dated 13.11.2001, the 1st Respondent employer / Insurance Company has forwarded a notice dated 17.10.2001 from the District Vigilance Committee asking the Petitioner to give his remarks and report of the Revenue Divisional Officer, which is challenged in this writ petition. 4. Heard Mr.Vijay Shankar, learned counsel appearing for the Petitioner, Mr.M.Dhandapani, Special Government Pleader appearing for the 2nd Respondent and Ms.Chitra Sampath, learned counsel appearing for the 1stt Respondent employer. 5. In order to protect the welfare of the Scheduled Caste and Scheduled Tribe people from false claimants, in supersession of the earlier orders and guidelines issued on the subject, by G.O. (2D) No.108 Adi Dravidar and Tribal Welfare (CV-I) Department dated 12.09.2007, the Government constituted District Level Vigilance Committee to scrutinise the genuineness of the community certificates issued to the Scheduled Castes and State Level Scrutiny Committee to scrutinise the genuineness of the community certificates issued to the Scheduled Tribes. As per G.O. (2D) No.108 dated 12.9.2007, constitution of District Level Vigilance Committee and State Level Scrutiny Committee reads as under:- District Level Vigilance Committee 1.District Collector Chairman 2.District Adi Dravidar Member- and Tribal Welfare Secretary https://hcservices.ecourts.gov.in/hcservices/ Officer 3.An Anthropologist Member Functions To scrutinize the genuineness of the Community Certificates issued as Scheduled Caste and to pass final orders. If aggrieved by the orders, appeal will lie only with the High Court, Madras under Article 226 of the Constitution of India and then with Supreme Court under Article 136 of the Constitution of India. State Level Scrutiny Committee 1.Secretary to Government, Chairman Adi Dravidar and Tribal Welfare Department 2.Director/Commissioner, Member- Tribal Welfare Secretary 3.An Anthropologist Member Functions: To scrutinize the genuineness of the Community Certificates issued as Scheduled Tribes and to pass final orders. If aggrieved by the orders, appeal will lie only with the High Court, Madras under Article 226 of the Constitution of India and then with Supreme Court under Article 136 of the Constitution of India. 6. At the time when the Writ Petition was filed, the District Level Vigilance Committee consisting three members was the competent authority to pass order. As per the above said G.O., since the State Level Scrutiny Committee has been constituted, now the State Level Scrutiny Committee is the competent authority to verify the genuineness of the community certificates. 7. Therefore, the writ petition is disposed of by directing the 2nd Respondent - District Level Vigilance Committee to transfer the records/files pertaining to the Petitioner to the State Level Scrutiny Committee to verify the community status of the Petitioner. The State Level Scrutiny Committee shall issue notice to the Petitioner and afford opportunity to the Petitioner and thereafter pass orders within a period of four months from the date of receipt of a copy of this order. The Petitioner is https://hcservices.ecourts.gov.in/hcservices/ directed to co-operate with the State Level Scrutiny Committee and appear before the Committee without delay so as to enable the State Level Scrutiny Committee to pass orders within the time stipulated. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. usk To 1.The Regional Manager United India Insurance Company Limited, Regional Office 178, Dr.Nanjappa Road Coimbatore – 18. 2.The District Level Vigilance Committee Collectorate Salem District. 3. The State Legal Scrutiny Committee, Chennai 1 cc to Mr.V. Vijay Shankar, Advocate, Sr. 67374 1 cc to M/s. Chitra Sampath, Advocate, Sr. 67270 1 cc to Government Pleader, Sr. 67238 W.P.No.23655 of 2001 NSM (CO) kk 30/9 https://hcservices.ecourts.gov.in/hcservices/