THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO :8148 OF 2002 DATED 19-01-2010 Between: L.S.K.Perumal. … PETITIONER And The Government of Andhra Pradesh, Rep.by its Secretary, Social Welfare (CV.2) Department, Secretariat, Hyderabad & 3 others. ... RESPONDENTS ORDER: This Writ Petition is directed against G.O.Ms.No.20 SW (CV.2) Department, dated 05-03-2002, whereunder the proceedings of the 2nd respondent-District Collector, Krishna District in his file No.C5/1982/M/96, dated 28-03-1999, cancelling the caste certificate issued in favour of the petitioner by the Tahsildar, Bandar on 18-06-1960 were confirmed. 2. According to the petitioner, his forefathers belong to the agency area of Lakshmipuram village of Bantumilli taluq. Petitioner studied from V class to XI class during the years, 1947-48 to 1953-54 in U.L.C.M.High School Bhimavaram, West Godavari District. His caste was recorded as ‘Kondakapu’ as early as in the year, 1947. Further on the basis of the said entry, the 3rd respondent-Revenue Divisional Officer, Bandar issued caste certificate in the month of July, 1953 certifying that the petitioner belongs to ‘Kondakapu’ community and the same was also recorded in the register of W.G.B. college at Bhimavaram at the time of admission into the college for studying Intermediate. Further, after an independent enquiry as to the caste certificate the local M.L.A., who was empowered to issue caste certificate, declared the petitioner as ‘Kondakapu’ and issued a certificate on 26-10-1958. In the year 1959, petitioner was selected as Lower Divisional Clerk in the Secretariat in the category of Scheduled Tribe and he was asked to produce a fresh caste certificate and he submitted a fresh community certificate on 18-06-1960 showing that he belongs to ‘Kondakapu’ community as requisitioned by the Andhra Pradesh Public Service Commission (APPSC). After twenty years, it appears the brother of the petitioner seems to have sent a false representation against the petitioner alleging that petitioner belongs to ‘Kapu’ community and not ‘Kondakapu’ community and as such he had obtained employment by fraudulently and by misleading the department. In this regard, the APPSC had conducted an enquiry and after having satisfied with the same had dropped further proceedings. The District Collector seems to have conducted an enquiry and held that his enquiries reveal that the petitioner does not belong to ‘Kondakapu’ community and issued proceedings to that effect in file No.C5/1982/M/1996, dated 28-03-1999. Aggrieved thereby, petitioner filed appeal before the Government and the Government confirmed the findings recorded by the District Collector, which resulted in cancellation of the caste certificate issued in favour of the petitioner in the year, 1960. Hence, the present Writ Petition. 3. Heard learned counsel appearing for the petitioner and the learned Government Pleader for Social Welfare appearing for the respondents. 4. Firstly the caste certificate was obtained in the year, 1953 and the Secondary School Leaving Certificate issued by the Board and the Intermediate college at Bhimavaram would indicate that the petitioner belongs to ‘Kondakapu’ community. Petitioner obtained employment in the Secretariat in the year, 1959 and a fresh caste certificate was also issued on the basis of the certificate issued by the M.L.A. concerned. Twenty years thereafter, this enquiry is sought to be initiated at the instance of the brother of the petitioner. The certificate purported to have been issued by the Revenue Divisional Officer, Bandar, dated 23- 01-1998, shows that even the son and daughter of the brother of the petitioner-L.P.S.S.Sivaprasad belong to ‘Kondakapu’ community and residing at Sanathnagar, Hyderabad. In spite of this, the Collector, on the basis of some enquiries conducted, held that though the petitioner’s forefathers have migrated from the agency area the petitioner married an upper caste lady and therefore, he must be treated as ‘Kapu’. This enquiry, after the closure of the enquiry by the APPSC, was not necessitated. However, during the pendency of this enquiry the petitioner attained the age of superannuation and retired from service on 30- 09-1998. The impugned proceedings were passed on 28-03-1999 and the appeal against it was also dismissed on 05-03-2002. Now, the apprehension of the petitioner is that in view of these impugned orders, he may be proceeded with disciplinary action and his pension would be stopped. 5. There is no necessity of going into all the details of the case of this nature where the petitioner has already retired from service as early as on 30-09-1998. Further, as noticed above, the school register of 1947 reveals that the caste of the petitioner was recorded as ‘Kondakapu’ and the Secondary School Leaving Certificate as well as the Intermediate certificate issued in favour of the petitioner from Bhimavaram college also would show that the petitioner belongs to ‘Kondakapu’ community. Further APPSC, the appointing authority, also conducted enquiry and dropped the proceedings. In the evening of the life, petitioner need not be troubled by conducting enquiries, when the School Leaving Certificate itself indicated that he belongs to ‘Kondakapu’ community. 6. Under those circumstances, the enquiry contemplated under the impugned orders has become infructuous. Therefore, the impugned proceedings are liable to be set aside and are accordingly set aside. 7. Accordingly, Writ Petition is allowed. There shall be no order as to costs. ________________ C.V.RAMULU,J 19th January, 2010. Tsy