HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL NO. 1275 OF 2011 Between: Adapa Bennayya , S/o Kalyanam ………….Appellant AND Mandal Revenue Officer, Paderu, Visakhapatnam District ………….Respondent JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Appeal is preferred by the petitioner in the Writ Petition, challenging the direction issued by the learned Single Judge. The appellant herein was employed as Marine Casual Labourer in Visakhapatnam Port Trust in the year 1980 against a vacancy reserved for Scheduled Tribe. He was re- designated or promoted as Lasker. It is stated that the appellant was issued charge sheet dated 7.1.1988 alleging that the caste certificate produced by him at the time of his appointment and the attestation in that regard are found to be not genuine and he was required to explain as to why his services be not terminated. Basing upon the findings in the enquiry, a show cause notice dated 19.2.1990 was issued and the appellant submitted his explanation. On consideration of the same, the second respondent imposed punishment of removal from service against the appellant through the proceedings dated 16.3.1990 and that order was confirmed in appeal on 2.07.1990. Aggrieved by the same, the appellant filed Writ Petition No. 1495 of 1991 and that writ petition was dismissed on 5.6.2002 holding that as long as the genuinity of the Caste Certificate was not proved, the order of removal cannot be found fault with, and the learned Judge left open to the appellant to assail the proceedings dated 25.11.1987 issued by the Mandal Revenue Officer. Aggrieved by the same, the appellant filed Writ Petition No. 394 of 2004 and a learned Single Judge of this Court dismissed the same. Aggrieved by the same, the present Writ Appeal is filed. The learned counsel appearing for the appellant submits that the learned Judge did not examine the aspect of validity of the proceedings of respondents 2 and 3 at all and whether the appellant was extended fair and valid procedure while taking away his livelihood by the employer and even in such cases this Court on number of cases interfered and directed to reinstate and treat him as a general candidate. Heard the learned counsel appearing for the appellant and also perused the material made available on record. It is no doubt true that the appellant secured job as Marine Casual Labourer against a vacancy reserved in favour of Scheduled Tribe. After appointment of the appellant, the second respondent addressed letter dated 3.1.1987 to the first respondent with a request to verify and inform whether the Caste Certificate produced by the appellant to the effect that he belongs to Konda Kopu is genuine or not. The first respondent conducted enquiry and by impugned letter dated 25.11.1987 stated that the seal of the office and signature of the Officer are not genuine and they appear to be faked thing, which require investigation by the Department. Basing on the same, the second respondent imposed punishment of removal from service against the appellant through proceedings dated 16.3.1990. In those circumstances, the learned Single Judge rightly dismissed the Writ Petition observing that the affected individuals can institute a suit for declaring that the certificate held by them is genuine. Hence, we see no reasons to interfere with the order passed by the learned Single Judge and the Writ Appeal is liable to be dismissed. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ______________________________ NOOTY RAMAMOHANA RAO, J DATE: 27.12.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.