IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.3.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.NO.11063 OF 2009 R.D.Chandi .. Petitioner vs 1.The Union of India Rep.by the Secretary Ministry of Home Affairs, New Delhi 2.The Director General Central Industrial Security Force CISF Headquarters Block No.13, CGO Complex Lodhi Road, New Delhi 3.The Inspector General CISF South Sector Headquarters Chennai 4.The Deputy Inspector General CISF Unit, Neyveli Lignite Corporation Neyveli, Cuddalore District 5.The Senior Commandant CISF Unit, NLC, Neyveli Cuddalore District .. Respondents Writ Petition is filed under Article 226 of the Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records relating to the Impugned Order of the third respondent No.V-14013/Rev/RDC/SS/2008-2259 dated 16.09.2008, confirming the order of the 4th respondent in V- 11014/NLC/DISC/APPL/RDC/2007-13101 dated 6-10-2007 and the order of the 5th respondent herein in No.V- 15014/CISF/NLC/Maj/RDC/2007/7084 dated 22-05-2007 and quash the same and direct the respondents to reinstate the petitioner in https://hcservices.ecourts.gov.in/hcservices/ service with backwages, continuity of service and all other attendant benefits. for petitioner : Mr.T.Sugesh for respondents : Mrs.Lita Srnivasan Government Advocate (for R3 to R5) No appearance for R1 and R2 ORDER The petitioner R.D.Chandi has filed the present Writ Petition in 2009 against the impugned order passed by the third respondent dated 16.9.2008 confirming the order passed by the 4th respondent- Deputy Inspector General, CISF Unit, Neyveli Lignite Corporation dated 06.10.2007. 2.The petitioner was appointed in the Central Industrial Security Force on 12.3.1993 as Constable against the quota reserved for Scheduled Caste category on production of caste certificate dated 17.6.1992 issued by the Tahsildar of Bidar District, Karnataka State showing that the petitioner belongs "Tokrekoli" caste which is recognized as Scheduled Tribe. Subsequently, doubting the petitioner’s community he was directed to produce the community certificate from the Tahsildar. Unfortunately, the petitioner yet again by creating a false certificate produced another certificate stating that the petitioner belongs to Scheduled Tribe community. Enquiry was finally ordered. After completion of the enquiry, the enquiry officer held that the charges leveled against the petitioner stood proved. After submission of the report by the enquiry officer, the petitioner was furnished with the copy of the report of the enquiry officer along with second show cause notice calling upon the petitioner to submit his further representation. The petitioner has submitted his further explanation. The disciplinary authority not satisfying with the further explanation of the petitioner, passed the order dismissing the petitioner from service. Aggrieved by the said order, an appeal was preferred by the petitioner before the 4th respondent, the Deputy Inspector General, CISF Unit, Neyveli Lignite Corporation, Neyveli Cuddalore. The appellate authority dismissed the appeal. Aggrieved by the order passed by the appellate authority, the petitioner preferred revision before the 3rd respondent-the Inspector General CISF South Sector Headquarters, Chennai and the same was rejected. Aggrieved by the order passed in the revision petition, the present writ petition came to be filed in the year 2009. https://hcservices.ecourts.gov.in/hcservices/ 3. When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner belongs to Scheduled Tribe community and therefore, it is beyond anybody's imagination to doubt the community certificate issued by the Tahsildar of Karnataka State. 4. This submission made by the learned counsel appearing for the petitioner is not open to the petitioner since on the very same factual aspect the original authority as well as appellate authority have given a finding dismissing the petitioner’s case that he does not belong to Schedule Tribe community. However, when a specific question was posed to the leaned counsel appearing for the petitioner to prove the petitioner's bonafide whether he is atleast having any certificate issued by the competent authority to show that if he is belonging to the Scheduled Tribe community, the answer was not in the affirmative. The petitioner even today is not having any valid certificate to show that. 5.In view of the same, this court does not find any thing on merits in the writ petition. More so, the court cannot go into the question of disputed facts which have been repeatedly seen and confirmed by both the original as well as appellate and revisional authorities. 6.In this view of the matter, this Writ Petition stands dismissed. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. sal To 1.The Union of India Rep.by the Secretary Ministry of Home Affairs, New Delhi 2.The Director General Central Industrial Security Force CISF Headquarters Block No.13, CGO Complex Lodhi Road, New Delhi https://hcservices.ecourts.gov.in/hcservices/ 3.The Inspector General CISF South Sector Headquarters Chennai 4.The Deputy Inspector General CISF Unit, Neyveli Lignite Corporation Neyveli, Cuddalore District 5.The Senior Commandant CISF Unit, NLC, Neyveli Cuddalore District W.P.NO.11063/2010 LA (CO) kk 6/4 https://hcservices.ecourts.gov.in/hcservices/