IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WA.No. 1392 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.19258/2011 Dated 22/07/2011 .................... APPELLANT/PETITIONER ------------------------ V.PANDIAN, S/O.N.VENKATACHALAPATHY, DY.AREA MANAGER/GYPSUM, BADGE NO.11952, MARKETING DIVISION, THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, TRICHY, TAMILNADU, PIN-620010, NOW RESIDING AT HOUSE NO.2, SOORYA NAGAR, CHANDRANAGAR P.O., PALGHAT-678007. BY ADV. SRI.JIMMY GEORGE SRI.M.JOSE ANTONY RESPONDENTS/RESPONDENTS: --------------- 1. THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, UDYOGAMANDAL-683501. 2. DY.GENERAL MANAGER (MARKETING), THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, MARKETING DIVISION, UDYOGAMANDAL, PIN-683501. 3. DISTRICT COLLECTOR, MADURAI, PIN-20. 4. REVENUE DIVISIONAL OFFICER, USILAMPATTI, PIN-625532. 5. THE TAHSILDAR, USILAMPATTI, PIN-625532. R1&2 BY ADV. SRI.E.K.NANDAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1392 of 2011 .................................................................... Dated this the 24th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Appeal is filed against judgment of the learned Single Judge declining to interfere with enquiry initiated against the appellant for producing bogus Caste Certificate declaring himself as member of Scheduled Tribe and getting employment with the first respondent which is a Public Sector Undertaking. The clear finding in the notice is that the Certificate produced was one issued by the Tahsildar in Tamil Nadu and there is no file relating to the same. It does not have any file number as well. Further, respondents 1 and 2 got enquiry done with the District Administration in Tamil Nadu and the District Collector based on R.D.O's. report informed that the caste to which appellant belongs is not Scheduled Tribe but only OBC. It is based on evidence gathered by respondents 1 and 2, they have initiated disciplinary proceedings against the appellant. Even though counsel for the appellant has produced judgment of the Madras High Court in Writ 2 Petition No.13687/2007 and connected cases which is said to be dealing with the authority entitled to issue Caste Certificate, we do not think there is any need to consider the same because the appellant can produce it before the Enquiry Authority. In view of the controversy on factual issues, the High Court cannot settle the same. Consequently we dismiss the Writ Appeal leaving it open to the appellant to raise all contentions before the disciplinary authority. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms