HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.29213 of 2012 Date: 19.12.2014 Between:
P. Yoganandam … Petitioner And Andhra Pradesh State Road Transport Corporation Hyderabad, rep. by its Managing Director & others … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.29213 of 2012 ORDER:
This writ petition was filed assailing the action of the Andhra Pradesh State Road Transport Corporation (APSRTC) in removing the petitioner from service under order dated 13.03.2012. The said removal order was confirmed in appeal, revision and review. The basis for the removal of the petitioner from service was that he had produced a fake caste certificate that he belongs to BC-B (Goud community) and obtained employment as a conductor.
2. This Court, however, found that no steps were initiated under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (for short the ‘Act of 1993’) for a valid decision as to the caste status of the petitioner and upon a mere communication from the Tahsildar, Gurrampode Mandal, the APSRTC had decided that the petitioner did not belong to the community claimed by him. This Court therefore granted an interim order on 18.09.2012 directing the APSRTC to continue the petitioner in service. It was however made clear that the said order would not preclude the APSRTC from initiating action under the Act of 1993 for enquiring in to the caste status of the petitioner in accordance with law.
3. WV MP No.1630 of 2013 was filed by the APSRTC and its Officers to vacate the said order. It is however fairly conceded by the learned standing counsel for the APSRTC that pursuant to the interim order, the petitioner was permitted to continue in service and was also allowed to retire. Learned standing counsel further states that no steps were initiated under the Act of 1993 for enquiring into the caste status of the petitioner.
4. In that view of the matter, the impugned order whereby the removal of the petitioner from service was effected cannot be sustained and is accordingly set aside.
5. The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J
Date: 19.12.2014 BSS HON’BLE SRI JUSTICE SANJAY KUMAR 28 Writ Petition No.29213 of 2012 Date: 19.12.2014 BSS