HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION No : 9148 of 2010 O R D E R: (per Hon'ble Sri Justice Ghulam Mohammed) Aggrieved by the order dated 30.09.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 261 of 2008, the petitioner has filed this Writ Petition. The brief facts of the case are as follows: The petitioner was initially appointed as Fireman Grade II in the pay scale of Rs.2650-65-70-4000 in regular vacancy, vide proceedings No. CE/2001/CRIN/01-02/Rect./FM, dated 24.10.2005, issued by the 4th respondent. He belongs to SC community, Bentho Voriya and he claims that based on the certificate issued by the competent authorities to his father, he pursued his entire education and the school and transfer certificates issued by the competent authorities would fortify the said fact. He was sent for special training in Fire Fighting Force for Firemen of Eastern Naval Command from 18.12.2006 to 12.01.2007 wherein he stood at Sl.No.2. He was directed to report back to the Commanding Officer vide order dated 12.01.2007 of the Central Industrial Security Force, Hakimpet, Hyderabad. While the matter stood thus, on 20.02.2008, the 4th respondent vide proceedings No. CE/2001/Crim./01-02/Rect./FM, dated 20.02.2008 terminated his services. Therefore, he submitted a representation on 04.03.2008 to the 4th respondent, but in vain. He filed an application under the Right to Information Act to ascertain the reasons for his termination. Consequently, he came to know that his services were terminated invoking the provisions of the Central Civil Service (Temporary Service) Rules, 1965, which is illegal, in view of the fact that his probation period was completed, therefore, he was deemed to be a permanent employee and hence, the 1965 Rules will not be applicable to his case. The petitioner contends that in the reply affidavit filed by the respondents, it is stated that since the caste certificate produced by the petitioner is a forged one, they have terminated his services. Challenging the same, the petitioner filed O.A.No. 261 of 2008 before the Tribunal and the said O.A. was dismissed confirming the termination orders passed by the 4th respondent. Hence, this Writ Petition. Learned counsel for the petitioner vehemently contends that the caste certificate issued by the competent authority has not been cancelled and as per the Andhra Pradesh (SC & ST) Issuance of Caste Certificate Act and Rules, when a certificate is issued earlier to the inception of the new Rules, the earlier certificate is a valid and permanent one. According to him, for cancellation of a caste certificate, an elaborate procedure has to be followed. The learned counsel questions the impugned order on the ground that the Tribunal failed to appreciate that the petitioner was appointed regularly through a recruitment process in a regular post and his post is not a temporary one and hence, invoking CCS (Temporary Rules) is without jurisdiction. He relied upon a judgment reported in Kandasamy v. The Chairman, Madras Port Trust[1] and contends that so long as the community certificate is not cancelled by the competent authority, it is valid. In view of the above factual scenario, we have perused the order dated 24.10.2005 appointing the petitioner to the post of Fireman Grade II. It is clear from it that the appointment may be terminated at any time by giving one month’s notice by either side viz. the individual or the Appointing Authority. The Appointing Authority however reserves the right of terminating the services of an employee forthwith or before the expiry of the stipulated period of notice by making payment of such equivalent to the pay and allowances for the period of notice or un-expired portion thereof as the case may be. A perusal of the impugned order clearly postulates that no stigma is attached to his conduct, but it is a termination simplicitor with one month’s notice as per the offer accepted by the employee. The respondents in their reply filed before the Tribunal have stated that the services of the petitioner were terminated as he produced fake caste certificate. For this, the learned counsel for the petitioner contends as long as the certificate issued by the competent authority was not cancelled, it is deemed to be a valid one. In this regard, it is to be noticed from the material papers that the Collector, Srikakulam requested the Revenue Divisional Officer, Tekkali to conduct a detailed enquiry on the caste certificate of the petitioner. The Sub-Collector, Tekkali has submitted his report to the effect that the petitioner got employment based on a false certificate and the petitioner belongs to Oriya caste which comes under O.C. category. It is further to be noted that in the appointment letter, it is mentioned that the appointment itself is subject to verification of caste certificate. The Tribunal, therefore, after going through the material available on record, came to the conclusion that the respondents have passed the impugned order after following the due procedure before passing the termination order and ordered that the petitioner was at liberty to approach the appropriate authority questioning the report of the Revenue Divisional Officer, if he is so advised. In that view of the matter, we are of the opinion that the Tribunal has rightly exercised its jurisdiction and came to a just conclusion. In those circumstances, we do not find any merits in this Writ Petition and the same is accordingly dismissed. ---------------------------- (GHULAM MOHAMMED,J) ------------------------------ (G. BHAVANI PRASAD, J) 28th April 2010 ksld [1] 1996 SCC 1825