SUPERINTENDENT OF POST OFFICES AND OTHERS Vs. R. VALASINA BABU
SUPREME COURT OF INDIA
Superintendent Of Post Offices And Others
R. Valasina Babu
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S.B. Sinha, J. -
This appeal is directed against the judgment and order dated 13.4.2005 passed by the High Court of Judicature at Andhra Pradesh whereby and whereunder the writ petition filed by the appellants herein, assailing the order of the Central Administrative Tribunal, Hyderabad Bench dated 22.4.1999 in the Original Application filed by the respondent herein, was allowed.
(2.)Respondent herein claimed himself to be a member of Scheduled Caste community known as 'Mala'. He was appointed as a Postal Assistant in the office of the Superintendent of Post Offices, Adilabad Postal Division on 28.7.1980 against a vacancy reserved for Scheduled Castes community. In support of his claim that he belonged to 'Mala' community, he had produced a certificate dated 27.12.1980. On an information received that the respondent in fact belonged to Christian community, a disciplinary proceeding against him was initiated. During the pendency of the said inquiry proceedings, the Collector, Adilabad District also initiated a proceeding for cancellation of the Caste Certificate issued in favour of the respondent and by an order dated 28.11.1990 the Caste Certificate granted in his favour was cancelled. The said order was brought on records of the disciplinary proceedings.
(3.)The Inquiry Officer, however, opined that keeping in view the fact that on the date when the charge memo dated 1.3.1989 was issued, the certificate produced by the respondent having not been cancelled, the same cannot be said to have been proved. The disciplinary authority disagreed with the said finding of the Inquiry Officer. Before the disciplinary authority also the said Caste Certificate dated 28.11.1990 was produced. Another opportunity of hearing was given to the respondent by the Disciplinary Authority. By an order dated 30.9.1992 it was held as follows :
"considering all the aspects of the case and the fact that the Govt. Servant furnished false information at the time of appointment, I, P. Pandu, Supdt. of Post Offices, Adilabad Division-504001 hereby order that Shri R. Valasina Babu, Postal Assistant Adilabad Division be 'dismissed' from service with immediate effect which shall ordinarily be a disqualification for future employment under the Government."
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