APHC010243142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT APPEAL NO: 714 OF 2025 Writ Appeal under clause 15 of the Letters Patent to allow the Writ Appeal by setting aside the order dated 05.09.2024 passed by Learned Single Judge in W.P. No. 7782 of 2012 and pass Between: 1. UNION OF INDIA, rep. by its Secretary Ministry of Home Affairs, New Delhi. 2. DirectorGeneral, Central Industrial Security Force, Ministry Home Affairs, 13-CGOs Complex, Lodhi Road, New Delhi - 03. 3. Deputy Inspector General,, Central Industrial Security Force, S.Z Head Quarters, D Block, Rajaji Bhawan, Besant Nagar, Chennai - 90. 4. Disciplinary Authority-cum-Group Commandant,, CISF Unit, Group Head Office, NISA Campus, Hakimpet, Hyderabad - 500078. 5. Deputy Commandant,, CISF Unit, HPCL VR and BP, Vizag, Andhra Pradesh. 6. ASSISTANT COMMANDANT, CISF UNIT, HPCL VR, VIZAG, ANDHRAPRADESH ...Petitioners AND 1. V SANYASI RAO, S/o LateTataiah, Aged 57 years, Occ Service, No. 743420015 HC/GD, CISF -Unit, HPCL, Vizag, R/o D.No. 8-20, S.C. Colony, Ramapuram Vilalge, Pendurthi Mandal, Visakhapatnam District. 2. The District Collector, Visakhapatnam District,Visakhapatnam, Andhra Pradesh. 3. The Tahsildar, Pendurthi Mandal, Visakhapatnam District, Andhra Pradesh. Respondent No. 2 and 3 are impleaded as per c.o.dt.29.12.2025 vide I.A.No.4 of 2025 in W.A.No.714 of 2025. ...Respondents IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 208 days in filing the above W.A against WP 7782 of 2012, dated 05-09-2024 passed by the learned Single Judge and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the order dt. 05-09-2024 passed by the learned single judge in WP. No. 7782 of 2012 and pass IA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to the Appellants to implead the necessary parties (The District Collector and Tahsildar) to the present Writ Appeal No. 714 of 2025 and pass IA NO: 4 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to Implead the proposed Respondents as Respondent No. 2 and 3 in the above Writ Appeal and Pass Counsel for the Petitioners: (ASST SOLICITOR GENERAL OF INDIA) Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondents:V PADMANABHA RAO The Court made the following order: THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT APPEAL NO: 714 OF 2025 JUDGMENT: (Per Hon’ble Sri Justice D.Ramesh) The present Writ Appeal is filed by the Union of India and others, aggrieved by the order dated 05.09.2024 in W.P.No.7782 of 2012, wherein the learned Single Judge has allowed the petition with the following directions: “10. It is evident from the material on record that before initiating any enquiry, no steps were taken by the revenue authorities to issue notice to the petitioner, enabling him to submit his document to prove his community and substantiate his declaration. It is also evident that the District Collector has submitted a report dated 25.05.2011 without conducting any enquiry, and such report cannot be the basis for passing the impugned proceedings. 11. The learned standing counsel for the respondents submits that the C.I.S.F. Headquarters issued a circular dated 14.09.2006 instructing the authorities to verify the caste certificates of all CISF personnel. Pursuant to the said circular, the respondents verified the veracity of the caste certificate of the petitioner. 12. The circular was issued in the year 2006 and the enquiry was initiated in the year 2011 after the petitioner applied for voluntary retirement from service. The circular would not aid the respondents as it is a general circular instructing the authorities to verify the caste certificates of the men working in the force. 13. Be that as it may, the procedure contemplated for verifying the caste certificate is not followed. As such, the report of the District Collector deserves to be disregarded, and thereby, the impugned proceeding, dt.21.09.2011, which is based on the report of the District Collector, deserve to be set aside. 14. Accordingly, the writ petition is allowed, setting aside the proceedings of the 4th respondent dated 21.09.2011 and the orders of the 3rd respondent dt.31.10.2011. The respondents are hereby directed to disburse the service benefits by accepting the voluntary retirement application of the petitioner within six weeks from the date of receipt of this order. There shall be no order as to costs. 15. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.” 2. Respondent No.1 herein has filed the aforesaid writ petition challenging the order dated 21.09.2011 passed by respondent No.4/appellant No.4 herein whereby the punishment of dismissal from service was imposed on the writ petitioner and the said orders were confirmed by respondent No.3 vide orders dated 31.10.2011. 3. The facts of the case, in brief, are that the petitioner was joined in service as Security Guard on 30.11.1974. Later promoted to the post of Constable and he served in the said capacity for more than 37 years and after undergoing major heart surgery, he made an application for voluntary retirement. Instead of accepting the voluntary retirement, respondent No.5 has issued a charge memo on 21.07.2011 stating that the petitioner has obtained job by producing the ST (Kondakapu) certificate and on verification of the same, the district authorities have informed the respondents that the petitioner belongs to Koppala Velama (BC Community) and based on the same, the respondents have initiated disciplinary proceedings and after that his services have been terminated. Aggrieved by the same, he approached this Court. 4. Learned Senior Counsel appearing on behalf of the appellants has mainly contended that without impleading the concerned district authorities, the petitioner has filed the present writ petition and this Hon’ble Court while considering the writ petition has categorically given a finding at paragraph No.10 stating that the District Collector has submitted the report on 25.11.2010 without conducting any enquiry. In support of the said finding, no material could be gathered from the writ petition. Hence, the order impugned is liable to be set aside. Appellant authorities have initiated disciplinary proceedings based on the communication received from the competent authorities and when there is an issue with regard to ST certificate, the employer has rightly approached the competent authorities and the concerned District Collector has considered the issue and has submitted a report and based on the report, the authorities have passed impugned order. Further, learned senior counsel has contended that once the caste certificate which was relevant for consideration in employment is declared as not genuine or fake, the Hon’ble Apex Court has repeatedly held that no enquiry is required and further asserted that no principles of natural justice is required to be followed. In the instant case, the authorities have issued notice and conducted enquiry and finally based on the findings of the concerned authorities/report, the services of the petitioner has been terminated. 5. In reply to the said contentions, learned counsel appearing on behalf of the petitioner has vehemently contended that the authorities more specifically District Collector has not conducted the enquiry by following Rules 4, 5 and 10 of the Andhra Pradesh SC, ST and BC – issue of Community, Nativity and date of birth certificate Rules, 1997. 6. In reply to the same, learned senior counsel appearing on behalf of the appellant has contended that whether the District Collector has followed the procedure prescribed in the rules or not is to be answered by the District Collector, if he is made as a party and when the said report or certificate is impugned by the petitioner but in the instant case, he has neither filed the writ petition questioning the said report nor he has impleaded the concerned authorities as party respondents in the writ petition. Hence, the said question would not arise in the instant case. 7. Considering the rival submissions and on perusal of the finding recorded by the learned Single Judge, as there is no record forthcoming with regard to the enquiry by the District Collector while giving report to the appellants and the same is not questioned before any appropriate forum, the writ petitioner is not entitled to raise the said issue in the instant writ petition. Writ petition is thus devoid of merits and the same is liable to be dismissed. 8. It is needless to state that, if the respondent No.1/writ petitioner has any grievance regarding the procedure adopted by the District Collector in submitting the report dated 25.05.2011, which was placed on record along with the counter-affidavit filed by the Tahsildar, Pendurthi Mandal, Visakhapatnam, on 23.04.2026, it shall be open to him to question the same by initiating appropriate independent proceedings before the competent authority or forum, in accordance with law. 9. Accordingly, the Writ Appeal is allowed, the order dated 05.09.2024 passed in W.P.No.7782 of 2012, is set aside and the writ petition stands dismissed. There shall be no order as to costs. As a sequel, all miscellaneous applications, if any, pending in this Appeal shall stand closed. ____________ D.RAMESH, J ____________________ ALAPATI GIRIDHAR, J Dated : 28.07.2026 TJN 30 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT APPEAL NO: 714 OF 2025 Dated: 28.07.2026 TJN HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI WRIT APPEAL NO: 714 OF 2025 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 28.7.2026 DR, J & AGD, J The Writ Appeal is allowed. (Vide Separate Judgment) _______ DR, J _______ AGD, J TJN