IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.2062 of 1999 Between: Pala Vasantha Babu … Petitioner and The A.P.S.R.T.C., Represented by its Regional Manager, Nellore. … Respondent THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.2062 of 1999 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondent in passing the impugned order dated 22.01.1998 in S.T./19(117)/97-R.M. (NLR) rejecting the appeal of the petitioner against the order of dismissal from service vide Proceedings No.E5/E6/138(43)/88-RM(NLR), dated 24.10.1997 of the Personal Officer, R.Ms. Office, A.P.S.R.T.C., Nellore, as illegal, arbitrary and set aside the same consequently directing the respondent Corporation to reinstate the petitioner into service with all back wages and attendant benefits such as continuity of service. The case of the petitioner, in brief, is that he joined the service of the Corporation as Junior Assistant on 27.06.1980 at Nellore Depot. While so, he was dismissed from service on 24.10.1997 on the ground that he secured job in the Corporation by producing the bogus caste certificate. Challenging the said dismissal order, he preferred an appeal and the said appeal was also dismissed on 22.01.1998. Aggrieved by the same, the petitioner filed the present writ petition. The learned counsel for the petitioner would submit that there is a community called Jangam. In the year 1977, the said Jangam caste was sub-divided into Jangam, Budagajangam, Badajangam and Malajangam as per G.O.Ms.No.838, dated 05.02.1977. Till 1977 all the sub-castes were under the head of Jangam caste only. As per the said G.O., all the said sub-castes were performing very menial jobs as per their traditions, they were recognized as Scheduled Caste. As the petitioner belongs to Budaga Jangam community, he obtained the Budaga Jangam community certificate, issued by the Tahsildar, Nellore, on 14.02.1980 and thus, he got the benefit of the sub-division under the said G.O. He further submitted that as per the Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (Act No.16 of 1993) (for short ‘the Act’), the District Collector is empowered to cancel the false community certificate. As long as the certificate issued to the petitioner by the competent authority is not cancelled, the respondent Corporation authorities cannot say that the petitioner had produced the bogus caste certificate. Further, as per Section 21 of the Act, a community certificate issued by any authority competent to issue the same under the relevant Rules or Orders before the commencement of the Act shall, unless it is cancelled under the provisions of the Act, be valid and shall be deemed to have been issued under the provisions of the Act. Therefore, as the petitioner obtained his caste certificate on 14.02.1980 i.e., prior to commencement of the said Act, the same holds good unless and until it is cancelled by the competent authority. Eventually, he submitted to set aside the impugned order. On the other hand, based on the counter affidavit filed by the respondent Corporation, the learned standing counsel for the Corporation would submit that the Revenue Divisional Officer, Kavali vide his letter dated 24.10.1997 had submitted a report to the District Collector, Nellore that the petitioner had obtained false community certificate. Based on the above said documentary evidence, a departmental enquiry was conducted by the Security Officer, Nellore and in the enquiry it has come to light that the petitioner had produced a bogus caste certificate and obtained job in the Corporation. Therefore, this being a serious misconduct, the petitioner was dismissed from service. He further submitted that the enquiry conducted by the Corporation is in accordance with the Regulations of the Corporation and adhering to the principles of natural justice. It is also submitted that the contention of the petitioner that the caste certificate dated 14.02.1980, which was issued by the Tahsildar had not been cancelled and the same holds good is all without any substance and therefore, the writ petition may be dismissed. Heard the learned counsel on either side and perused material on record. Prima facie, it is to be seen that what was the occasion for the Corporation to declare the caste certificate produced by the petitioner as bogus. From a perusal of the Counter affidavit, it is noticed that one T.Jayagopal of Vidavalur Village made a complaint to the Secretary, Home Department, Government of Andhra Pradesh, Hyderabad, against the petitioner that he had submitted bogus caste certificate stating that he belongs to Scheduled Caste, though his caste comes under the Backward Classes and obtained Junior Assistant post in the Corporation. The said complaint was referred to the Managing Director of the Corporation, Hyderabad and the Managing Director advised the Regional Manager, Nellore to enquire into the matter and take necessary action. Accordingly, the matter was sent for verification, wherein, the Revenue Divisional Officer, Kavali vide his letter dated 24.10.1997 had submitted his report to the District Collector, Nellore that the petitioner had obtained false community certificate. Based on which, the department had initiated enquiry and ultimately dismissed the petitioner from service. According to the petitioner, as per G.O.Ms.No.838, dated 05.02.1977, the Jangam community was sub-divided as Jangam, Budaga Jangam, Badajangam and Malajangam community and he comes under Budaga Jangam, therefore, he applied and obtained the Budaga Jangam caste certificate from the competent authority i.e. the Tahsildar, Nellore. Further, the learned counsel for the petitioner placed a copy of the G.O.Ms. No.144, dated 17.07.2008, which reads as under: “In the G.O.11th read above, orders have been issued indicating the competent authorities and the jurisdiction for issue of Community, Nativity and Date of Birth Certificates in respect of communities specified below: Column.1 Column.2 Column.3 Specified Community Competent Authority Jurisdiction 5. Beda Jangam Budaga Jangam. 6. Bindla 13. Dokkal, Dokkalwar 20. Gosangi 35. Mashti 46.Sindhollu/Chindollu. All Tahsildars in the State not below the rank of Deputy Tahsildars. With in the Territorial Jurisdiction of a Mandal. 2. Sri D.Sambaiah, MLA., in his letter dated 6.6.2008, requested the Government to issue suitable instructions to the authorities concerned to follow the guidelines issued in G.O.Ms.No.204, Social Welfare (J) Department, dated 23.9.1985, for issue of caste certificates, keeping in view the Government of India amendment Act No.61/2002 restricting the issuance of caste certificates to Beda (Budaga) Jangam in Telangana Districts only. 3. As per the Constitution (Scheduled Castes) Orders (Second Amendment) Act 2002 (Act No.61 of 2002) dated 18.12.2002, the Scheduled Caste Beda (Budaga) Jangam existing in the Districts of Telangana region i.e. Hyderabad, Ranga Reddy, Mahaboobnagar, Adilabad, Nhizamabad, Medak Karimnagar, Warangal, Khammam and Nalgonda. 4. In the above circumstances, Government after careful examination have decided to amend the Andhra pradesh (S.Cs, S.Ts and Backward Classes) issue of Community, Nativity and Date of Birth Certificates Rules, 1997 suitably in supercession of the orders issued in G.O.Ms.No.84, Social Welfare Department, dated 6.5.2008. 5. Accordingly, the following notification will be published in the Andhra Pradesh Gazette. NOTIFICATION In exercise of the powers conferred by sub-section (1) of Section 20 of the Andhra Pradesh (S.Cs, S.Ts & B.Cs.) regulation of issue of Community Certificates Act, 1993 (AP Act No.16 of 1993) read with the Constitution (Scheduled Castes) Orders (Second Amendment) Act, 2002 and in supercession of the orders issued in G.O.Ms.No.84, Social Welfare (CV.1) Department, dated 6th May, 2008, the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh (S.Cs, S.Ts & B.Cs) issue of Community, Nativity and Date of Birth Certificates Rules, 1997 issued in G.O.Ms.No.58, Social Welfare (J2) Department, dated 12.5.1997 and published in rules supplement to part-1 extraordinary issue of Andhra Pradesh Gazette, dated 16th May, 1997 and as subsequently amended from time to time. AMENDMENTS In the said Rules, in the Annexure-I, in the Table under item 3 Scheduled Castes; (ii) for serial No.5 and the existing entries in columns 1, 2 and 3 thereof, the following shall be substituted, namely:- Column 1 Column 2 Column 3 Specified Community Competent Authority Jurisdiction 5. Beda (Budaga) Jangam All Tahsildars in the Districts specified in column 3 not below the rank of Deputy Tahsildars. Within the territorial jurisdiction of a Mandal in the Districts of Hyderabad, Ranga Reddy, Mahabubnagar, Adilabad, Nizamabad, Medak, Krimnagar, Warangal, Khammam and Nalgonda. (ii) against the Scheduled Castes specified in column 1 of Sl.No.6, 13, 20, 35 & 46 for the existing entries in column 2 and 3 thereof, the following shall be substituted, namely:- Column 1 Column 2 Column 3 Specified Community Competent Authority Jurisdiction 6. Bindla 13. Dokkal, Dokkalwar 20.Gosangi 35. Mashti 46. Sindhollu/Chindollu. All Tahsildars in the State not below the rank of Deputy Tahsildars. Within the territorial jurisdiction of a Mandal. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) RACHEL CHATTERJEE, PRINCIPAL SECRETARY TO GOVERNMENT.” It is the specific contention of the petitioner that the caste certificate dated 14.02.1980 was issued by the Tahsildar had not been cancelled and the same holds good unless and until the same is cancelled by the competent authority and the said contention is specifically denied by the Corporation stating that the said contention is without any substance, for which, it is to be seen that what the Act says and whether the caste certificate of the petitioner was cancelled by the competent authority. Section 21 of the Act reads as under: “Transitional Provisions :- A community certificate issued by any authority competent to issue the same under the relevant Rules or Orders before the commencement of this Act shall, unless it is cancelled under the provisions of this Act, be valid and shall be deemed to have been issued under the provisions of this Act.” From the above, it is clear that whatever the caste certificate was issued before commencement of this Act shall be deemed to have been issued under the provisions of this Act and unless it is cancelled under the provisions of this Act, the same shall be treated as valid certificate. Further, Section 5 of the Act reads as under: “Cancellation of false Community Certificate :- (1) Where, before or after the commencement of this Act a person not belonging to any of the Scheduled Castes, Scheduled Tribes or Backward Classes has obtained a false Community Certificate to the effect that either himself or his children belongs to such Castes, Tribes or Classes, the District Collector may either suo motu or on a written complaint by any person, call for the record and enquire into the correctness of such certificate and if he is of the opinion that the certificate was obtained fraudulently, he shall, by notification, cancel the certificate after giving the person concerned an opportunity of making a representation: Provided that where an enquiry into the genuiness of a community certificate issued prior to the commencement of this Act has commenced and is pending at such commencement, the record thereof shall be transferred by the concerned authority to the District Collector and he shall continue the enquiry and conclude the same under this sub-section. (2) The powers of the nature referred to in sub-section (1) may also be exercised by the Government.” From the above sub-section (1), it is clear that the powers of cancellation of false community certificate are vested with the District Collector or as per sub-section (2) the powers of sub-section (1) may also be exercised by the Government. Reading the Section 5 and 21 together, it is clear that the community certificate obtained by a person, either prior to commencement of the said Act or after commencement of the said Act, is valid until it is cancelled by the competent authority as per the provisions laid down under Section 5 of the Act. Admittedly, in the instant case, the petitioner had obtained his caste certificate on 14.02.1980, prior to commencement of the Act. Therefore, as per the provisions of Section 21, it is deemed to be issued under the relevant Rules. Unless and until it is cancelled, as per the procedure contemplated under the provisions of Section 5 of the Act, it holds good and valid. Now, it is to be seen whether the certificate dated 14.02.1980 issued to the petitioner is cancelled by the competent authority as contemplated under Section 5 of the Act. According to the counter and the contention of the learned standing counsel, the said caste certificate has not been cancelled but their contention is only that the contention of the petitioner that the caste certificate issued to the petitioner by the Tahsildar had not been cancelled and the same holds good is all without any substance, which in my view is not sustainable as the Act clearly enshrined as stated hereinabove. It is necessary to reiterate the fact that on a complaint given by one T.Jayagopal that the petitioner had secured the job in the Corporation by producing a bogus certificate, the Government referred the matter to the Managing Director, Corporation, Hyderabad and the Managing Director advised the Regional Manager, Nellore to enquire into the matter and take necessary action. Accordingly, the matter was sent for verification and the Revenue Divisional Officer, Kavali submitted a report to the District Collector, Nellore that the petitioner had obtained false community certificate. It is to be noted here that though the District Collector is empowered to declare the caste certificate of the petitioner as false, he did not declare the same and it is not known whether the same is pending with the District Collector, Nellore. Just, based on the report submitted by the Revenue Divisional Officer, Kavali to the District Collector, the Corporation has initiated the action and dismissed the petitioner from service. Unless and until the District Collector exercises his powers, vested under Section 5 of the Act and declares that the caste certificate obtained by the petitioner is false, duly following the procedure contemplated under sub-section 1 of Section 5 of the Act, the Corporation cannot come to a conclusion that the petitioner had submitted a bogus caste certificate. In addition to the above, it is noticed from the record that the Mandal Revenue Officer, Vidavalur, addressed a letter dated 18.03.1996 to the District Collector, Nellore, which reads as under: “In invite kind attention to the references cited. I submit that the Mandal Revenue Inspector, Vidavalur who enquired into the caste verification of Sri Pala Vasantha Babu of Musalareddigunta H/O. Vidavalur Village has reported that he belongs to Budaga Jangam Caste that his relatives have been followed the funeral rites and blowing conch (Shanku) that the F.P.shop dealer Alaganipadu village Sri Bingi Veeraiah is also of the same caste. The Mandal Revenue Inspector has recommended that Budaga Jangam certificate may be given to the applicant and enclosed record of enquiry. In view of the above circumstances, Sri Pala Vasantha Babu belongs to Budaga Jangam Caste in accordance of the report of the Mandal Revenue Inspector, Vidavalur.” From the above, it is clear that on an enquiry made into the caste verification of the petitioner, the Mandal Revenue Officer, Vidavalur, informed the District Collector, Nellore that the petitioner belongs to Budaga Jangam Caste, in accordance of the report of the Mandal Revenue Inspector, Vidavalur. In the absence of any declaration by the competent authority that the petitioner had obtained false caste certificate and cancel the same, any proceedings that have been taken place dismissing the petitioner from the service by impugned order, is illegal and pre mature. Therefore, the impugned order is liable to be set aside. Under these circumstances, I deem it appropriate to direct the District Collector, Nellore, to conduct enquiry into the matter, in accordance with law, with regard to the social status of the petitioner and pass appropriate orders. Accordingly, having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, impugned proceedings dated 22.01.1998 issued by the Regional Manager, A.P.S.R.T.C., Nellore, is set aside and as the District Collector, Nellore, alone is the competent authority to pass the orders, the District Collector, Nellore, is directed to conduct enquiry into the matter, with regard to the social status of the petitioner, and pass appropriate orders, in accordance with law, within a period of two months, from the date of receipt of a copy of this order. As the learned counsel for the petitioner submits that the petitioner had already attained the age of superannuation, it is needless to mention that the entitlement of all service benefits will depend upon the orders to be passed by the District Collector, Nellore. Accordingly, with the above direction, this writ petition is allowed. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 08.09.2011 LSK