REVU RAJU Vs. VICE ADMIRAL, CHIEF OF PERSONNEL
LAWS(APH)-2019-12-10
HIGH COURT OF ANDHRA PRADESH
Decided on December 30,2019

Revu Raju Appellant
VERSUS
Vice Admiral, Chief Of Personnel Respondents

JUDGEMENT

A.V.SESHA SAI,J. - (1.)This Writ Petition is filed, under Article 226 of the Constitution of India, praying for the following relief;
"to issue any writ order or direction more particularly one in the nature of writ, of mandamus declaring the impugned award oassed by the 4th respondent in L.C. No. 134/2004 dt. 24.02.2011 notified on 01.04.2011 and communicated on 16.09.2011 and also the order dt.29.01.2009 as illegal, arbitrary, capricious, by non application of mind, and suffering from jurisdictional errors which is based on the reports of the District Collector, Vizianagaram (M) L. Dis.2679/88 C7 dt.04.01.1989 and also the report of the District Collector Visakhapatnam (M) L. Dis.l58/1990/C7, dt.l6.10.1990 which are submitted behind back of the petitioner, without jurisdiction to the M.R.O., S. Kota and M.R.O., Kothavalasa to submit the reports to the respective District Collectors under rule 9 of A.P.(S.C., S.T. and B.C.) issue of community, Nativity and date of birth rules 1997 and consequently to set aside the said award and order of the 4th respondent and consequently to direct the respondents 1 to 3 to reinstate the petitioner into service with all attendant benefits or to pass any other order or orders."

(2.)According to the petitioner, he was initially appointed as an unskilled labourer in the office of the 3rd respondent and his service was regularised on 02.04.1979. On the basis of a compiaint made by the Andhra Pradesh ST Employees' Association, Visakhapatnam Branch, the Disciplinary Authority addressed a letter to the Revenue authorities to furnish information as to the easte status of the petitioner herein. The District Collector, on the basis of the information furnished by the Mandal Revenue Officer, S. Kota, addressed a letter bearing Dis. No. 2679/88 C7 dated 04.01.1989 to the respondent No. 3 which reads as under;
"Please see the references 1st cited and 2nd cited.

The Scheduled Tribe Caste Certificate said to have been issued to Sri. Revu Raju by the then Tahsildar, S. Kota, sent through Collector, Visakhapatnam has been got verified by Mandal Revenue Officer, S. Kota.

In this connection, I have to inform you that there is vast variation between the signature of the Tahsildar on the Caste Certificate produced and in the office records available at Mandal Revenue Officer's Office, S. Kota. the said caste certificate was also found to have been not registered in the issue register during the year 1976-77 and the office copy of the certificate also is not available for verification.

In view of the above facts, the issue of certificate could not be confirmed. The Caste Certificate sent for verification is returned herewith,"

(3.)Subsequently, on the basis of the said information, the Disciplinary Authority issued a charge-sheet on 30th day of January, 1992, framing the following two (2) charges.
ARTICLE-I

1. That the said Shri R. Raju, T. No. 408, while functioning as Unskilled Labourer in Materials Organisation, Visakhapatnam did submit a forged ST Certificate bearing No. 3549/76 dated 08 Dec 76 purported to have been issued by the then Tahsildar, S. Kota, in support of his social status claim of "Konda Kapu" "ST" to derive the benefits against reserved vacancy.

2. Shri Raju, USL, T. No. 408 by his above act exhibited conduct unbecoming of a Government servant and thereby violated Rule 3 (1) (iii) of CCS (Conduct) Rules, 1964.

ARTICLE-II

1. Shri R. Raju, USLT. No. 408, while functioning as unskilled Labourer in the aforesaid office did furnish false information at 9(b) of the Attestation form dated 09 Apr 79 as if he belongs to "Konda Kapa" "ST", whereas in fact he did not belong to "Konda Kapu".

2. Shr R. Raju, Unskilled Labour, T. No. 408 by the above act exhibited conduct unbecoming of a Government servant and thereby violated Rule 3(1) (iii) of CCS (Conduct), Rules, 1964.

3. According to the statements of imputation of misconduct or misbehaviour, the DGS Shri R. Raju, fully knowing its fakement produced the ST Caste certificate to derive its benefits against "Reserved Category". The DGS Shri R. Raju, USL, T. No. 408 hat declared his caste falsely as "Konda Kapu" (Scheduled Tribe) at column 9(b) of attestation form."

4. Thereafter, an Enquiry Officer was appointed and he submitted the report on 28.07.2001, holding that the charges stood proved. Thereafter, the Vice Admiral, Flag Officer Commanding-in-Chief, Visakhapatnam-respondent No. 1 passed an order vide CE/9101/19 dated 06.03.2002, imposing penalty of "Removal of the petitioner from service". The Petitioner herein approached the Central Government Industrial Tribunal-cum-Labour Court, at Hyderabad by way of filing Industrial Dispute L.C. No. 134/2004, assailing the validity and legal sustainability of said order dated 06.03.2002. The Tribunal by way of an order dated 29.01.2009, answered the said Industrial Dispute, holding that the domestic enquiry conducted by the Management against the petitioner herein was legal and valid and there was no illegality or irregularity in the enquiry proceedings. As against the said order, the petitioner herein filed W.P. No. 7991 of 2009 before the Composite High Court, Andhra Pradesh and the said Writ Petition was disposed of on 20th day of April, 2009 with the following order;

"By the impugned order, the Tribunal rejected the claim of the petitioner that the domestic enquiry was vitiated by violation of principles of natural justice and accordingly it held that the domestic enquiry was validly held. Though the learned counsel for the petitioner urged several contentions in support of the plea of the petitioner regarding the validity of the domestic enquiry, I am of the view that the petitioner can be permitted to raise all these contentions in the event an adverse award, on the merits of the case, is passed against him by the Tribunal, because it is not appropriate for this Court to undertake a piecemeal adjudication of the issues when the industrial dispute is still pending before the Tribunal. Therefore, the writ petition is dismissed with liberty to the petitioner to raise all the contentions, which are raised in this writ petition, while questioning the final award, it if goes against him."

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.