THE HON’BLE SMT JUSTICE T MEENA KUMARI AND THE HON’BLE SRI JUSTICE C V NAGARJUNA REDDY Writ Appeal No. 61 of 2009 And Writ Petition No. 418 of 2009 ORDER (Per Hon’ble Sri. Justice C V Nagarjuna Reddy) This writ appeal arises out of an interim order passed in WPMP No. 498 of 2009 in W.P. No. 418 of 2009. At the hearing, both the learned counsel for the parties have agreed that in view of the short issue involved in the writ petition, the main writ petition itself may be disposed of. Accordingly, this writ appeal along with the writ petition is being disposed of. The writ petitioner, who has been working as driver of respondent No.1 corporation is facing the charge of producing false and fake caste certificate. A charge sheet dated 22.12.2008 was issued in this regard. Pending the proceedings, the petitioner was placed under suspension by order dated 22-12-2008. In the writ petition, while questioning the order of the suspension, the petitioner raised the contention that the respondents have no jurisdiction to hold an enquiry into the genuineness or otherwise of the community certificate, as, such a power is vested only in the District Level Committee under the provisions of the Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act 1993 (for short ‘the Act’). In view of the issue relating to the jurisdiction of the respondents to hold enquiry having been raised, we have asked the learned counsel for the petitioner as to whether the petitioner is willing to face enquiry to be initiated by the competent authority under the provisions of the Act. The learned counsel took adjournments and filed an affidavit of the petitioner, wherein he stated that he is willing to face the enquiry in accordance with the provisions of the Act. Learned Standing Counsel for the respondent Corporation states that as the statute provides machinery for conducting enquiry into the genuineness or otherwise of the community certificates, the Corporation shall not have any objection for an enquiry to be held by the statutory authority. In this view of the matter, the writ petition is disposed of with the following observations; 1) The respondents shall refer the community certificate of the petitioner to the District Collector, Mahaboobnagar District requesting him to initiate an enquiry into it’s genuineness under the provisions of the Act. 2) The respondents shall not take any further action against the petitioner till the enquiry is completed and order is passed under the provisions of the Act by the competent authority. 3) The petitioner, who is stated to have been reinstated into service in view of the interim orders of this Court, shall be allowed to continue in service till the passing of the order under the Act. And 4) On receipt of the order passed by the competent authority, the respondents shall be at liberty to pass appropriate orders after putting the petitioner on notice. In view of the disposal of the writ petition, Writ Appeal No. 61 of 2009 has become infructuous and the same is accordingly dismissed as such. --------------------------- T MEENA KUMARI J ---------------------------------- C V NAGARJUNA REDDY J Kvrk/25-02-2009 THE HON’BLE SMT JUSTICE T MEENA KUMARI AND THE HON’BLE SRI JUSTICE C V NAGARJUNA REDDY Writ Appeal No. 61 of 2009 And Writ Petition No. 418 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri Justice C V Nagarjuna Reddy) 25th February 2009