GOVERNMENT OF ANDHRA PRADESH
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.
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.
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
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,
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
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.
// FORWARDED:: BY ORDER //