TMI Blog2006 (11) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... ty, to which he did not belong. While disposing of the appeal filed by the respondent against the order of the District Collector, Hyderabad, the State Government referred the matter to the employer to take disciplinary proceedings after verifying of the records for production of false Caste certificate. It appears that the respondent availed of the benefit of Scheduled Tribe community for getting two promotions \026 one as UDC and another as LSG Clerk, on the ground that he belongs to Scheduled Tribe community, and it is for these reasons that the authorities issued the impugned Charge Memo dated 23.12.2003. Appeal allowed. - Appeal (civil) 5145 of 2006 - - - Dated:- 22-11-2006 - S. B. Sinha Markandey Katju, JJ. JUDGMENT Leave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eply 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. 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 belon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the CCS (Conduct) Rules, 1964. The statement of imputations gives the details of the reservation availed by the petitioner during his service." Instead of replying to the aforesaid Charge Memo, the respondent filed an OA before the Central Administrative Tribunal, Hyderabad which was disposed of vide order 15.3.2004 with the direction to the applicant to submit his reply to the Charge Memo dated 23.12.2003 and on submission of the said reply the Disciplinary Authority should consider the same. Instead of filing any reply the respondent filed a Writ Petition in the High Court which has been allowed, and hence this appeal. In our opinion, the High Court was not justified in allowing the Writ Petition. It is well settled by a series of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not ordinarily be exercised by quashing a show-cause notice or charge sheet. No doubt, in some very rare and exceptional cases the High Court can quash a charge-sheet or show-cause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. However, ordinarily the High Court should not interfere in such a matter. Learned counsel for the respondent submitted that the charge against the respondent had already been enquired into earlier and he had been exonerated of the charge in an earlier proceeding. Hence, he contended that the impugned Charge Memo would amount to double jeopardy and was therefore illegal. He relied upon the decision of this Court in Lt. Governor Delhi and others vs. HC N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verifying of the records for production of false Caste certificate. It appears that the respondent availed of the benefit of Scheduled Tribe community for getting two promotions \026 one as UDC and another as LSG Clerk, on the ground that he belongs to Scheduled Tribe community, and it is for these reasons that the authorities issued the impugned Charge Memo dated 23.12.2003. Hence, we are of the opinion that ratio of the decision in Lt. Governor Delhi and others (supra) has no application in the present case. For the foregoing reasons, we are of the opinion that the impugned judgment of the High Court is not correct and the same is set aside. We fully agree with the view taken by the Central Administrative Tribunal vide its order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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