The Telangana State Road ... vs K. Laxminarayana
2023 Latest Caselaw 1068 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.170 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


       Heard Mr. Thoom Srinivas, learned Standing Counsel

for Telangana State Road Transport Corporation for the

appellants; Mr. Zulfaquar Alam, learned counsel for the

first respondent/writ petitioner; and Mr. P.Ram Prasad,

learned Government Pleader for Social Welfare for

respondents No.2 and 3.

2. This intra-court appeal has been preferred against

the order dated 05.12.2022 passed by the learned Single

Judge disposing of W.P.No.34049 of 2021 filed by the first

respondent as the writ petitioner.

3. First respondent had filed the related writ petition

assailing the legality and validity of G.O.Ms.No.44, dated

05.06.2021, upholding the order passed by the District

Collector, Warangal (Rural) District, dated 16.10.2019

whereby the caste certificate of the first respondent was

cancelled.

4. It may be mentioned that first respondent claimed

that he belongs to the Scheduled Tribe (Erukala)

Community which is recognised as a scheduled tribe in the

State. He was appointed as driver in the establishment of

the first appellant in the quota earmarked for scheduled

tribe way back on 09.04.1993. At the relevant point of time

on account of promotion etc., he was serving as Deputy

Superintendent of Traffic-2. At that stage, a complaint was

lodged that the first respondent had obtained employment

in the establishment of the first appellant by producing a

bogus scheduled tribe certificate. It was thereafter that the

District Collector, Warangal (Rural), conducted enquiry and

vide the proceedings dated 16.10.2019 cancelled the

scheduled tribe certificate of the first respondent. It was

held that the first respondent does not belong to the

Erukala scheduled tribe community.

5. Aggrieved by the aforesaid order, the first respondent

preferred appeal before the Principal Secretary, Tribal

Welfare Department under Section 7(2) of the Telangana

(Scheduled Castes, Scheduled Tribes and Backward

Classes) Regulation of Issuance of Community Certificates

Act, 1993.

6. Principal Secretary who is arrayed as the second

respondent herein had passed the impugned

G.O.Ms.No.44, dated 05.06.2021, dismissing the appeal

and upholding the order dated 16.10.2019 passed by the

District Collector, Warangal (Rural) District.

7. Assailing the aforesaid orders, the related writ

petition came to be filed by the first respondent.

8. Learned Single Judge held that the enquiry report of

the District Level Scrutiny Committee was not supplied to

the first respondent though the impugned orders were

passed on the basis of such enquiry report. This being in

violation of the principles of natural justice, learned Single

Judge held both the orders dated 16.10.2019 and

05.06.2021 to be unsustainable in law. Accordingly, both

the orders were set aside. However, liberty has been

granted to the appellants to take action in accordance with

law after furnishing a copy of the enquiry report of the

District Level Scrutiny Committee to the first respondent.

Learned Single Judge further held that since the impugned

orders have been set aside, the first respondent was

entitled to reinstatement in service. Accordingly, appellants

were directed to reinstate the first respondent in service

and to consider his claim for consequential benefits.

9. On 06.02.2023, this Court while issuing notice

stayed the aforesaid direction of the learned Single Judge.

10. It is true that the document on the basis of which an

adverse finding is rendered is required to be furnished to

the affected party. Non-furnishing of such a relevant

document would amount to violation of the principles of

natural justice. In the instant case, the very foundation of

the orders dated 16.10.2019 and 05.06.2021 was the

enquiry report of the District Level Scrutiny Committee.

Therefore, it was incumbent upon the authority to have

furnished the said enquiry report to the first respondent

and given him an opportunity to contest the same. Non-

furnishing of the enquiry report, therefore, amounted to

violation of the principles of natural justice.

11. Till this far we are in full agreement with the views

expressed by the learned Single Judge. However, it is the

consequential direction of the learned Single Judge which

we find problematic. The impugned orders have not been

set aside on merit. Those have been set aside on the

ground that fair procedure was not followed. If this be so,

then the proceedings would have to start afresh from the

stage of giving a copy of the enquiry report to the first

respondent. Because the impugned orders were set aside

on the ground of non-furnishing of enquiry report, the

same cannot ipso facto lead to automatic reinstatement of

the first respondent.

12. We, therefore, direct the District Collector, Warangal

(Rural) District to furnish a copy of the enquiry report of

the District Level Scrutiny Committee to the first

respondent within a period of fifteen (15) days from the

date of receipt of a copy of this order, whereafter first

respondent would be entitled to question the said enquiry

report before the District Collector. The District Collector

shall conclude the proceedings within a period of two

months from the date of furnishing a copy of the enquiry

report to the first respondent. Depending upon the

outcome of such proceedings, the appellants would have to

do the needful. If the allegation of the appellants is found

to be not correct, appellants would be duty bound to

reinstate the first respondent in service with all

consequential benefits.

13. Writ Appeal is accordingly disposed of.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ N. TUKARAMJI, J 03.03.2023 vs