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A. Santha Devi, v. The Government of Andhra Pradesh

Telangana HC20 Jul 2012WP/22069/2012

Case brief

AI extract

What is this about?

The High Court directed the appeal authority to dispose of the pending appeal against cancellation of a caste certificate within three months and stayed the cancellation order pending disposal, noting that dismissal from service while appeal is pending defeats the purpose of the appeal.

What did the court decide?

Staying the order dated 06.06.2012 cancelling the Caste Certificate and directing the appeal authority to dispose of the appeal within three months.

A. Santha Devi, Vs The Government of… — Pension and Retirement Benefits | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.22069 of 2012

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ORDER:

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The petitioner got employment as an Assistant against a vacancy reserved for Scheduled Tribes in the Life India Corporation of India and at present, she is working in the office of the 3^rd respondent. She claimed the social status of Kondakapu. On a complaint received as regards the social status of the petitioner, the District Level Committee constituted under the A.P. (S.Cs. S.Ts. and B.Cs.) Regulation of Issuance of Community Certificates Act, 1993 (for short ‘the Act’) initiated proceedings and ultimately, through order, dated 06.06.2012, the 2^nd respondent cancelled the Caste Certificate issued to her. The petitioner preferred an appeal before the 1^st respondent together with an application for stay. The grievance of the petitioner is that the 1^st respondent did not pass any orders on the application for stay so far and that in the meanwhile, the 3^rd respondent is taking steps to impose punishment of dismissal from service.

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Heard learned counsel for the petitioner and learned counsel for respondents.

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The petitioner availed the statutory remedy under the Act against the order, dated 06.06.2012 passed by the 2^nd respondent. If she is imposed the penalty of dismissal from service, even while her appeal is pending, the very purpose of preferring the appeal is defeated.

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Therefore, the writ petition is disposed of directing that-

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(a) the 1^st respondent shall take up the appeal for hearing and dispose of the same within a period of three months from the date of receipt of a copy of this order; and

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(b) pending disposal of the appeal, the order dated 06.06.2012 passed by the 2^nd respondent shall remain stayed.

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The miscellaneous petition filed in this writ petition also stands disposed of. There shall be no order as to costs.

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_____________________ L.NARASIMHA REDDY, J

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Date: 20.09.2012 Note: Issue C.C. in three days. (B/o) JSU

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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Writ Petition No.22069 of 2012

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Date: 20.07.2012

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JSU

A. Santha Devi, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

A. Santha Devi, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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