THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.30817 of 2010 ORDER: The petitioner joined the service of State Bank of India by claiming the social status of a Scheduled Caste candidate. Proceedings were initiated against him, by the District Collector and District Magistrate, Kadapa, the 2nd respondent, under the provisions of the A.P. (Scheduled Castes and Scheduled Tribes and Backwards Classes) Regulation of Issue of Community Certificates Act, 1993 (for short ‘the Act’). The matter was referred to the District Level Scrutiny Committee (for short ‘the Committee’). A report was submitted by the Committee, and based on the same, the 2nd respondent passed an order, dated 22.10.2010, directing that the caste certificate issued to the petitioner be cancelled and declared that the petitioner belonged to “Vysya” caste. The same is challenged in this writ petition. The petitioner contends that he was not furnished the copy of the report of the Committee and that no notice was issued to him before the impugned order was passed. On behalf of respondents, it is stated that alternative remedy by way of appeal is available to the petitioner and the writ petition is not maintainable. Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare. It is no doubt true that the petitioner has a remedy by way of appeal, under Section 7 of the Act. The fact, however, remains that there was a serious deviation from the prescribed procedure. The Act and the Rules made thereunder mandate that the petitioner shall be given an opportunity in the course of enquiry by the Committee. It also mandates that the report of the Committee be furnished to the petitioner, and thereafter, the 2nd respondent must issue a show cause notice, based on the findings in the report. None of these steps were observed in this case. Not only the proceedings are violative of the principles of natural justice, but also are contrary to the prescribed procedure. When such is the case, the petitioner cannot be required to avail the remedy of appeal. Hence, the Writ Petition is allowed and the impugned order is set aside. It is directed that the 2nd respondent shall furnish a copy of the report of the Committee to the petitioner and issue a show cause notice to him. Further steps shall be taken, after considering the explanation that may be submitted by the petitioner. Since the social status of the petitioner is seriously doubted, it is directed that his employer State Bank of India shall not promote him to any superior post, till the matter is decided finally. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.08.12.2010. GJ