Markandey Katju JUDGMENT
Markandey Katju, J.
1. Leave granted.
2. This appeal has been filed against the impugned judgment and order dated 22.3.2006 of the Andhra Pradesh High Court in Writ Petition No. 7409 of 2004.
3. Heard learned Counsel for the parties and perused the record.
The respondent was initially appointed as a Clerk in the Postal Department of the Union of India on 30.11.1965 on the basis of the marks obtained by him in the SSLC Examination. The SSLC certificate of the respondent indicated that he belongs to the 'Konda Kapu' community which is admittedly a Scheduled Tribe community in the State of Andhra Pradesh. Thereafter the respondent appeared for a departmental test for promotion to the post of Upper Division Clerk against a post reserved for the Scheduled Tribe community, and the respondent was promoted as an Upper Division Clerk in Scheduled Tribe category. His promotion order specifically stated that he has been promoted as an Upper Division Clerk under Scheduled Tribe category vide promotion order dated 27.12.1976. Thereafter, in 1987, he was further promoted to the next higher post, i.e. LSG cadre, again on a post reserved for Scheduled Tribe category.
4. On 28.11.1994, a show-cause notice was issued to the respondent to show cause as to whether he obtained employment on forged caste certificate. In reply to the said show-cause notice, the respondent admitted that he does not belong to 'Konda Kapu' community, but he belongs to 'Kapu' community which is not a Scheduled Tribe community. The respondent in reply to the show-cause notice also stated that it was wrongly mentioned in the SSC register that he belongs to 'Konda Kapu' community on the basis of a declaration given by his illiterate father who got the respondent admitted in school when he was 11 years old. By order dated 3.1.1995, the Assistant Post Master General directed that the respondent be treated as 'OC' community and accordingly an alteration was made in the respondent's Service Book stating that he belongs to 'OC' community.
5. On 11.7.1997, the competent authority i.e. Collector of Hyderabad District passed an order stating that the respondent obtained an ST caste certificate from the Mandal Revenue Officer although he does not belong to 'Konda Kapu' community, but he belongs to 'Kapu' community, which is not a Scheduled Tribe community. Hence, the Collector ordered cancellation of the caste certificate of the respondent and requested the Chief Post Master General, A.P. Circle to take action against the respondent vide order dated 11.7.1997.
6. Aggrieved against that order, the respondent filed an appeal before the State Government which was disposed of on 17.2.2001 holding that the respondent does not belong to Scheduled Tribe community and he cannot be considered as such, and the Postal Department may take appropriate disciplinary action against the respondent. Consequently a Charge Memo dated 23.12.2003 was issued to the respondent framing the following charges against him:
That he, while working as T/S Clerk in the Secunderabad Postal Division, appe........