1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8822 of 2011 and M.P.Nos.1 and 2 of 2011 P.Asokan : Petitioner Vs. 1.The District Vigilance Committee, Dindigul, Rep by its Chairman and District Collector, Dindigul. 2.The District Adi Dravidar and Tribal Welfare Officer, Dindigul. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned enquiry notice in Roc.No.8319/2004/H1, dated 20.07.2011 on the file of the second respondent and quash the same. For Petitioner : Mr V.Kannan for M/s.S.Doraisamy For Respondents : Mr.R.Karthikeyan, Additional Government Pleader O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The Writ Petitioner, who is stated to be belonging to Scheduled Tribe Community, has earlier approached this Court by filing Writ Petition (MD).No.10131 of 2006. A learned Single Judge of this Court, by order dated 02.01.2007, has allowed the said Writ Petition giving liberty to the District Level Vigilance Committee, if they are so advised, to conduct an enquiry. The operative portion of the said order reads as follows:- "This Writ Petition is allowed. No costs. Consequently, the connected MP is closed. However, liberty is given to the District Level Committee, if they are so advised, to conduct an enquiry on the Community Certificate of the petitioner, in accordance with law." 3. In the meantime, the Government has issued G.O.(2D).No.108, Adi Dravidar and Tribal Welfare (CV-I), Department, dated 12.09.2007, by which https://hcservices.ecourts.gov.in/hcservices/ 2 in respect of issuance of Community Certificate regarding Scheduled Tribe, the Government has constituted the State Level Scrutiny Committee consisting of the Secretary to Government, Adi Dravidar and Tribal Welfare Department as Chairman, Director/Commissioner Tribal Welfare as Member Secretary and an Anthropologist as Member. In the said Government Order, it has been made clear that if the District Level Vigilance Committee has already taken a decision before the above said Government Order came into existence, such decision shall not be disturbed. 4. In the present case, after the said Government Order was passed, the second respondent has issued the impugned enquiry notice dated 20.07.2011 calling upon the petitioner to appear before the District Level Vigilance Committee, which as-on-date, after the formation of the State Level Scrutiny Committee, pursuant to the order of the Government, is not competent to investigate. It is on the said ground, the impugned enquiry notice is challenged by the petitioner. 5. We see reason in the said contention of the learned counsel for the petitioner. However, since by virtue of the said Government Order, the power has been vested with the State Level Scrutiny Committee, we are of the considered view that instead of interfering with the impugned enquiry notice issued by the second respondent dated 20.07.2011, the second respondent should be directed to send all the papers to the State Level Scrutiny Committee within a stipulated time so as to enable the State Level Scrutiny Committee to decide the issue in accordance with law. 6. Accordingly, the Writ Petition stands disposed of directing the first respondent – District Level Vigilance Committee to send all the papers, relating to the Community Certificate of the petitioner, to the State Level Scrutiny Committee within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the State Level Scrutiny Committee is directed to take up the application filed by the petitioner and decide the issue by issuing notice to the petitioner. Till such orders are passed by the State Level Scrutiny Committee, the employer of the petitioner shall not proceed against him in respect of his service conditions. No costs. Consequently, connected Miscellaneous Petitions are closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR NB To 1.The Chairman and District Collector, District Vigilance Committee, Dindigul, 2.The District Adi Dravidar and Tribal Welfare Officer, Dindigul. 3.The State Level Scrutiny Committee, Chennai. 1CC TO MR. V. KANNAN, ADVOCATE, SR: 26696: DM::2011:AUGUST:10:: ORDER MADE IN W.P.(MD).No.8822 of 2011 2P:5C:: 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/