APHC010718712012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 32565/2012 Between: M.srinivasulu, ...PETITIONER AND The Chief General Manager Hrd Trg A P Transco and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. P LAKSHMA REDDY 2. ANUP KOUSHIK KARAVADI(SC FOR APTRANSCO) 3. V V SATISH The Court made the following: ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- “… may be pleased to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the 3rd respondent at the behest of respondents 1 and 2, initiating departmental enquiry alleging that this petitioner submitted a false social status certificate by misconstruing the 2 procedure laid down by the Government of A.P. in G.O.Ms.No.58 and 79 of Social Welfare Department as illegal and arbitrary....” 2. The case of the petitioner in brief is that the petitioner is an Engineering Graduate in Electrical and applied for the post of Assistant Engineer in the first respondent corporation and submitted Temporary Caste Certificate/social status certificate(ST) issued by the Mandal Revenue Officer, Proddatur and certificates pertaining to his educational qualifications. On verifying the petitioner’s application, 1st Respondent Corporation called him for Interview to the above said post of A.E. and he attended the said interview and selected to the post on 07.08.2000. It is further submitted that all his original certificates viz., (1) Provisional Certificate of B.E. (2) SSC Marks Memo, Temporary Caste Certificate (ST) submitted to the concerned authorities. But the authorities of 1st Respondent Corporation after obtaining acknowledgement from him asked him to produce permanent caste certificate. Then on 17.08.2000, he obtained permanent caste certificate from Mandal Revenue Officer, Proddatur and joined in duty as Trainee Assistant Engineer on 18.08.2000 at Guntur. Further his post as A.E. was regularized after going through all certificates verification and after completion of investigation of the police officials in respect of his character and antecedents which includes his caste certificate. The petitioner rendered service for 11 years and he was promoted as ADE Hot lines in the year 2010 and posted in Hyderabad. It is further stated that since the date of appointment he is discharging the duties assigned to him to the entire satisfaction of the respondents and he has unblemished service record. 3 It is further stated that basing upon a complaint received from the President of Tribal Welfare Association, Kadapa alleging that the petitioner belongs to “Kammara” community which comes under B.C. ‘B’ category and that he is not an ST and occupied the reserve post, the 3rd respondent official under the supervision of respondent Nos.1 and 2 initiated disciplinary action and issued a memo dated 29-05-2012 alleging that he had submitted the false certificate and secured the employment in ST reserved quota though he belonged to B.C. ‘B’. He submitted the explanation on 21.06.2012 denying charges and also mentioned that the Permanent Caste Certificate(ST)/social status certificate submitted by him is genuine and issued by the MRO in accordance with law. 3. The counter affidavit has been filed by the respondents denying the allegations made in the writ petition and stated that a letter dated 05.01.2005 was received from President, Tribal Welfare Association, Kadapa, wherein he informed that the petitioner, AE/Hot Lines working under the control of SE/TL&SS/Metro Circle/Hyderabad was appointed under Scheduled Tribe (ST) quota by submitting false caste certificate, actually his caste is Kammara (B.C), accordingly, enquiry was conducted and it was revealed that the petitioner cognisantly managed the Kammara-ST with a motive of infiltration into ST Category reservation, which is punishable offence. However, the feat achieved by the petitioner is not purely singular but was with the proved involvement of the revenue officials, who are also punishable under breach of trust and misuse of office. Finally, Inspector of Police has recommended that 4 the petitioner, AE/Hot Lines may be suspended immediately and a departmental enquiry may be initiated so as to facilitate punishing the guilty. 4. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 5. This court while admitting the writ petition on 17.10.2012 passed the following interim order: “The petitioner was appointed as Assistant Engineer in A.P.Transco in the category reserved for Scheduled Tribes as he belongs to ‘KAMMARA’ community on the basis of the certificate issued by the competent authority under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993. On the basis of a complaint said to have been made by the President of the Tribal Welfare Association, Kadapa alleging that ‘KAMMARA’ community is a Backward Class as per the B.C. list, disciplinary action has been initiated against the petitioner under the impugned Memo dated 28.03.2012. The community certificate issued in favour of the petitioner is still in subsistence. Prima-facie, the respondents do not appear to be competent to go into the community status of the petitioner and hold disciplinary proceedings. In the circumstances, there shall be interim stay of all further proceedings pursuant to the impugned memo dated 28.03.2012”. 6. During the pendency of the Writ Petition and while subsisting the aforesaid interim orders, it appears that the respondent authorities conducted enquiry and by proceedings dated 25.10.2023 ordered for cancellation of caste certificate issued in favour of the petitioner. Aggrieved by the same, the petitioner preferred an appeal before the State Government on 20.11.2023 5 and the same is pending before the State Government since 2023, thereafter he filed W.P.No.6158 of 2025 before this Court and the same was disposed of on 19.03.2025 with the following direction: Since the appeal is preferred in the month of November, 2023 along with stay application, instead of appellate authority deciding stay application once again before concluding the hearing of appeal, this Court feels appropriate to direct the appellate authority to decide the very appeal itself within a period of 4(four) months from the date of receipt of a copy of this Court, after hearing the petitioner. Until the appeal is decided, the order impugned in the appeal shall stand suspended. Accordingly, the writ petition is disposed of. 7. In view of the aforesaid facts and circumstances of the case and in view of the submissions made by both the counsel, it appears that so many changes were taken place after filing the present writ petition, therefore, no further orders need to be passed in this writ petition. 8. Accordingly, this writ petition is closed. There shall be no order as to costs. 9. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date: 04.04.2025 sj 6 139 THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 32565 of 2012 Date: 04.04.2025 sj