GOVERNMENT OF ANDHRA PRADESH

                                                         ABSTRACT

 

S.W.D.-  Appeal filed by Sri P.Ramakrishnaiah, S/o P. Narasimhulu under section 7 (2) of  A.P.(SCs,STs, and BCs) Regulation of Issue of Community Certificates Act.16/93, against the Proceedings of the Collector, Chittoor District, dt.9/8/2000  - Appeal dismissed– Orders – issued.

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                       SOCIAL WELFARE (CV1) DEPARTMENT

 

G.O.MS.NO.32 Dated; 06/04/2004.

                                                                                        Read the following;-

 

          1.  Proceedings of the District Colleector, Chittoor         District, No.C3/8129/95, dt.9/8/2000             

          2. Appeal petition dt.19/10/2000. Filed by Sri  P.      Ramakrishnaiah, S/o Sri P.Narasimhulu.

            3  Govt. Memo.No.16314/CV1/2000- 1, dt.20/10/2000.               4   From the Collector, Chittoor District No.          Roc.No.C3/15119/2000,   dated.27/11/2000

            5.  Govt. Memo.No.16314/CV1/2000-3, dt.12/4/2001.

6.  Govt. Memo.No.16314/CV1/2000-6, Dt;.13/11/2004.

   

                                                  ***

ORDER

 

The Assistant General Manager, SBI Zonal Office, Tirupathi, while enclosing a petition received by him, requested  the the District Collector, Chittoor, to verify the caste status of Sri P.Ramakrishnaiah, working as a Clerk-Cum-Cashier at SBI, Puttur.  A detailed enquiry was  ordered  by  the  District  Administration to  be  conducted  by  the R.D.O.,  Tirupathi.  The R.D.O., Tirupathi got  the matter enquired through the MRO, Tirupathi(Urban).  The RDO, Tirupathi reported that the father of sri P.Ramakrishnaiah, Viz., Sri  P.Narasimhulu has died on 21/6/1999, and his mother Akulamma is residing with Sri P.Ramakrishnaiah.  During the course of enquiry,  it was  reported   that said Sri P.Ramakrishnaiah did not disclose his blood relative identity and address but had  stated that he has no blood relatives.  For further evidence the MRO, Tirupathi (U), has verified the key register maintained at M.R.O.s Office, which discloses that the Caste of Sri P.Ramakrishnaiah, is recorded as “Balija” which was duly signed by Sri Ramakrishnaiah himself, and,   on the other hand the Caste of Smt. Akkulamma mother   of Sri P. Ramakrishnaiah was recorded as “Dasari”.  In the discrete enquiry made by the MRO, in the locality in Nehru Nagar, Tirupathi it was ascertained that the family is predominantly known as Balija.     The Revenue Divisional Officer, further reported that the key register was got prepared basing on the voluntary disclosure of Caste by each of the card holders before a Deputy Tahsildar drafted from   Revenue Department for preparation of key registers in respect of each fair price shop in Tirupathi(U) Mandal.The particulars entered in the key register are to be confirmed by the card holder or by his adult family member by appending the signature apart from producing a photograph and that the above records clearly demonstrates that Sri P.Ramakrishnaiah does not belong to Scheduled Caste.

 

2.         Basing on the report of the Revenue Divisional Officer, Tirupathi, a notice  in form VI has been  issued to Sri Ramakrishnaiah,  to appear before the District Level Scrutiny Committee on 19/7/2000 with documentary evidence, in support of his Caste

                                                                                                                               P.T.O.

 

 

 

 

 

 

 

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claim.  Accordingly, Sri Ramakrishnaiah appeared  before the District Level Scrutiny Committee on the above said  date and deposed that his surname is “Pasupuleti “ his father  has three sons.  His original T.C. was stolen and he has no blood relatives.  His                                                                                                                      

wife  name is  Radha,  and she  belongs to”Srikalahasti”  town and her  caste is ‘Vada

Balija’,  she has studied upto B.Sc. They have two daughters  and their caste is  entered in the school records as Mala and he is not going to church and his father worked as a maistry.  He has not produced any evidence to prove that he belongs to Mala Community though he was asked specifically to produce at the time of enquiry.  

  

3.                 The District Level Scrutiny Committee has opined that Sri P.Ramakrishnaiah’s surname “Pasupuleti” belongs to Balija Caste but not to Mala Caste. He did not produce original TC for verification, and in the photo copy of the admission register prodced the caste was mentioned as Harijan only.  He stated that he resided in Nehru Nagar, which is predominantly a colony of people belonging to Balija Caste.   In the fair price shop key register Sri Ramakrishnaiah has mentioned that he belongs to Balija Caste and he has himself signed for authenticity.  It is very suspicious that he cannot mention names of any relatives either on his father’s side or mother’s side.  The MRO, Tirupathi (U), has conducted discrete enquiry and reported that he belongs to Balija caste.  His mother’s caste mentioned in the ration card as “Dasari”.  His wife belongs to Vada Balija caste and not Scheduled Caste.  Though the burden of proof to establish his caste is on the individual,  he has failed to give any substantial documentary evidence to the effect  that he belongs to Mala caste. In the absence of any such proof and keeping in view the report of Revenue Divisional Offier,  the District Level  Scrutiny Committee has opined that Sri P.Ramakrishnaiah  belongs to Balija Caste and not Scheduled Caste.  He misrepresented that he belongs to Scheduled Caste.  Based on the above recommendations the District Collector, Chittoor has cancelled the Caste Certificate of Sri P.Ramakrishnaiah, vide his proceedings No.C3/8129/95, dt.9/8/2000.

 

4.. Aggrieved by the orders of the District Collector, Chittoor District,  issued vide Proceedings Rc.No.C3/8129/95, dated.9/8/2000, in the ref.1st read above, canceling the Scheduled Caste Mala Caste Certificate, Sri Ramakrishnaiah has preferred an appeal u.s.7 (2) of the A.P.(SCs,STs and BCs) Regulation of issue of Community Certificate Act,1993, and Rules made there under in 1997.  The Government has granted the stay against the orders of the District Collector, Chittoor District, vide Govt.Memo. in the ref. 3rd read above..The matter came up before the Govt. for final hearing on 30/10/2003, but neither the appellant  nor the Counsel attended the hearing.  The hearing was fixed again for  19/1/2004.  The Counsel and the appellant have attended, but could not stay  upto the time of hearing of their case,  for presenting the case.  It is also pertinent to note that, the appellant as well as the counsel have been representing to adjourn the hearing time and again,   without  producing any new evidence.  As verified from the records,  it is noticed that adjournment has been sought nearly for (12) times.  As seen from the records made available, the appeal filed  before the Government on 17/10/2000.  The appellant was called for personal hearing on 28/4/2001, but he sought extension of time, next hearing fixed for 26/5/2001, and he sought for further time.  He availed extension of time on following dates i.e., on 30/6/2001, 28/7/2001, 25/8/01, 29/9/2001, 20/10/2001, 17/11/2001, 30/10/2003, 10/12/2003, 19/1/2004, and 30/1/2004. The hqearing posted on 15/9/2001, could not taken place due to the Assembly Sessions.  It is evident that even though he was given opportunity nearly for (12) times,

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neither the appellant nor the counsel for the appellant could produce any material evidence in support of his claim that he belongs to Scheduled Caste Mala. 

 

5                   Further on 30/1/2004, the appellant and also the Counsel though attended for

hearing were  not present, at the time of hearing of their case. The Manager(PV & HRD), R-IV, Zonal office, SBI, Tirupathi representing the Bank authorities in whose organization, the appellant works and also the  office bearers of the SC & ST Employees Association of the Bank were present.   While,  enquiring  into the  claims for  the  issue  of  Community, nativity and Date of Birth Certificate,  it is  observed  that

he has not produced original Transfer Certificate for verification and in the photocopy of the  admission register produced by him, his Caste  is mentioned as Harijan only.   He has produced the Photostat copies  of study  certificates  issued by the Head Master, SVO High School, Tirupathi.    The District Level Scrutiny Committee, Chittoor also conducted the proceedings by following due procedure.

 

6.                 Government, after careful examination of the above facts and in exercise of the powers conferred u/s 7(2) of A.P.(SCs,STs, and BCs) Regulation of  Issue of Community Certificates Act.1993 and Rules made thereunder  hereby dismiss the appeal petition filed by Sri P. Ramakrishnaiah,  S/o P.Narasimhulu, in the ref.2nd read above, upholding the proceedings of the Collector, Chittoor District , in the ref.1st read above.  The stay granted in the ref.3rd read above is hereby vacated.

 

(  BY ORDER AND  IN THE NAME  OF THE  GOVERNOR  OF  ANDHRA PRADESH )                                                                                                 

                                AJOYENDRA PYAL                            PRINCIPAL SECRETARY TO GOVERNMENT

To,

Sri   P.Ramakrishnaiah, S/o P..Narasimhulu,

    State Bank of India,   Tirupathi,Chittor Dist.                                                                                                   

The Collector, Chittoor District(we)(original records containing PP.1-230 c.f.

     And PP.1-14 n.f.)

   Sri  M/s P.Gangarami Reddy & .Dhanunjaya Reddy,   Advocates,

      H.No.46/B, Sanjeevareddynagar,  Hyd-38.

The Assistant General Manager, State Bank of India,

       Zonal Office, Tirupathi, Chittoor District. 

The P.S.to M(SW)/ The P.S. to Prl. Secy. to  Govt., SWD.                                                                                                         

    SF/SC               

 

 

// FORWARDED:: BY ORDER //

 

SECTION OFFICER