THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.13539 OF 2002 DISPOSED OF ON 27-12-2005. BETWEEN: B.NARASAPPA .. PETITIONER VS. The District Collector, Kurnool and others .. RESPONDENTS THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.13539 OF 2002 O R D E R: 1. This Writ Petition has been filed by B.Narasappa with a prayer to issue a Writ of Mandamus declaring the action of the District Collector, Kurnool in issuing proceedings Rc.No.D8/2832/95, dated 5.2.97 as illegal and arbitrary. 2. The petitioner joined in Syndicate Bank as a clerk in 1973. He got promoted as a Grade I Officer on 30-10-1978 and further promoted as Grade II Officer on 1.5.1994. Some enquiry seems to have been conducted with regard to his social status. Pending enquiry, he filed an application opting for VRS. The District Collector, Kurnool addressed a letter to the General Manager, Zonal Office, Syndicate Bank, Hyderabad informing that the petitioner does not belong to Bariki caste. The District Collector, Kurnool also directed the petitioner to appear before him on 29.9.1997. 3. The grievance of the petitioner is that the District Collector, Kurnool having informed the employer of the petitioner that he does not belong to Bariki caste is proceeding with the enquiry and therefore whatever observations made by the District Collector in his letter with regard to social status are required to be set aside. 4. Counter affidavits have been filed by respondents 1 and 2 and 3. 5. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for respondents 1 and 2 and learned Standing Counsel appearing for 3rd respondent-Bank. 6. Learned counsel appearing for the petitioner submits that in view of the letter dated 5.2.1997 wherein the District Collector has informed 3rd respondent-Bank that the petitioner does not belong to Bariki caste may not come to a different conclusion in the enquiry and therefore the observation made by him in his letter with regard to the social status of the petitioner is required to be set aside. 7. It appears the finding recorded by the District Collector with regard to social status of the petitioner came to be questioned before the Government in the revision. The revision came to be allowed remanding the matter back to the District Collector pending consideration. Para 17 of the order passed by the Government in revision reads as follows: “ 17. The Collector’s records and the written statement of the appellant and the statement of defense of the Collector, Kurnool have been carefully gone through and except for the deviation of the fact of existence of “Bariki” Community in Kurnool District, the Officers claiming that there is no existence of Bariki Community in Kurnool District, while Census reports confirm the existence of the Bariki Community in the District gives scope of deliberation on the orders passed by the Collector and District Magistrate canceling the Bariki Caste Certificate of Sri.B.Narasappa, S/o.B.Suryanarayana. 18. In view of the above and in exercise of the powers conferred under Section 8(1) of the Act 16 of 1993, the case is remitted for reconsideration. 19. The District Collector, Kurnool District is therefore requested to re- examine the issue in the light of the above points and dispose of the case. The records received along with the reference 4th cited, from the Collector, Kurnool District are returned, and to acknowledge receipt of the same immediately.” The apprehension of the petitioner is that the District Collector having informed 3rd respondent-Bank that the petitioner does not belong to Bariki community may carry the same impression in the subsequent enquiry also. 8. In the circumstances of the case, this writ petition is disposed of directing the 1st respondent to consider the case of the petitioner uninfluenced by any of the observations made by him in the letter addressed to 3rd respondent-Bank. The District Collector, Kurnool shall conduct the enquiry as expeditiously as possible as directed by the Government in the revisional order dated 20-12-2005 preferably within three months from the date of receipt of a copy of this order. No costs. Dt: 27-12-2005. (B.Seshasayana Reddy,J) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.13539 OF 2002 DISPOSED OF ON 27-12-2005.