WP/13539/2002 of B. NARASAPPA Vs DIST.COLLECTOR KURNOOL AND 2 ORS on 27 December 2005

1. This Writ Petition has been filed by B.Narasappa with a prayer to issue a Writ ofMandamus declaring the action of the District Collector, Kurnool in issuingproceedings Rc.No.D8/2832/95, dated 5.2.97 as illegal and arbitrary.

2. The petitioner joined in Syndicate Bank as a clerk in 1973. He got promoted as aGrade I Officer on 30-10-1978 and further promoted as Grade II Officer on 1.5.1994.Some enquiry seems to have been conducted with regard to his social status.Pending enquiry, he filed an application opting for VRS. The District Collector,Kurnool addressed a letter to the General Manager, Zonal Office, Syndicate Bank,Hyderabad informing that the petitioner does not belong to Bariki caste. The DistrictCollector, Kurnool also directed the petitioner to appear before him on 29.9.1997.

3. The grievance of the petitioner is that the District Collector, Kurnool havinginformed the employer of the petitioner that he does not belong to Bariki caste isproceeding with the enquiry and therefore whatever observations made by theDistrict Collector in his letter with regard to social status are required to be set aside.

4. Counter affidavits have been filed by respondents 1 and 2 and 3.

5. Heard learned counsel appearing for the petitioner and learned GovernmentPleader for Social Welfare appearing for respondents 1 and 2 and learned StandingCounsel appearing for 3[rd] respondent-Bank.

6. Learned counsel appearing for the petitioner submits that in view of the letterdated 5.2.1997 wherein the District Collector has informed 3[rd] respondent-Bank thatthe petitioner does not belong to Bariki caste may not come to a different conclusionin the enquiry and therefore the observation made by him in his letter with regard tothe social status of the petitioner is required to be set aside.

7. It appears the finding recorded by the District Collector with regard to social status of the petitioner came to be questioned before the Government in the revision. Therevision came to be allowed remanding the matter back to the District Collectorpending consideration. Para 17 of the order passed by the Government in revisionreads as follows:

“ 17. The Collector’s records and the written statement of the appellantand the statement of defense of the Collector, Kurnool have beencarefully gone through and except for the deviation of the fact ofexistence of “Bariki” Community in Kurnool District, the Officersclaiming that there is no existence of Bariki Community in KurnoolDistrict, while Census reports confirm the existence of the BarikiCommunity in the District gives scope of deliberation on the orderspassed by the Collector and District Magistrate canceling the BarikiCaste Certificate of Sri.B.Narasappa, S/o.B.Suryanarayana.

18. In view of the above and in exercise of the powers conferredunder Section 8(1) of the Act 16 of 1993, the case is remitted forreconsideration.under Section 8(1) of the Act 16 of 1993, the case is remitted forreconsideration.

19. The District Collector, Kurnool District is therefore requested to re-examine the issue in the light of the above points and dispose ofthe case. The records received along with the reference 4[th] cited,from the Collector, Kurnool District are returned, and toacknowledge receipt of the same immediately.”examine the issue in the light of the above points and dispose ofthe case. The records received along with the reference 4[th] cited,from the Collector, Kurnool District are returned, and toacknowledge receipt of the same immediately.”

The apprehension of the petitioner is that the District Collector having informed 3[rd]respondent-Bank that the petitioner does not belong to Bariki community may carrythe same impression in the subsequent enquiry also.

8. In the circumstances of the case, this writ petition is disposed of directing the 1[st]respondent to consider the case of the petitioner uninfluenced by any of theobservations made by him in the letter addressed to 3[rd] respondent-Bank. TheDistrict Collector, Kurnool shall conduct the enquiry as expeditiously as possible asdirected by the Government in the revisional order dated 20-12-2005 preferablywithin three months from the date of receipt of a copy of this order.

No costs.

Dt: 27-12-2005. (B.Seshasayana Reddy,J)

tnb

THE HONOURABLE SRI JUSTICEB.SESHASAYANA REDDY

DISPOSED OF ON 27-12-2005.