High CourtsDivision Bench(2006) 06 MAD CK 0127

K. Sakthivel vs State Level Caste Scrutiny Committee

Madras High Court · Decided on 28 June 2006

HON’BLE JUDGES
V. Dhanapalan, J · P. Sathasivam, J
CASE NUMBER
Writ Appeal No. 781 of 2006 and MP. No. 1 of 2006

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Judgment

15 paragraphs · 289 words

P. Sathasivam, J.—The writ appeal is directed against the order of the learned single Judge dated 13.06.2006 made in MP. No. 1 of 2006

in WP. No. 17257 of 2006, in and by which the learned Judge dismissed the stay petition filed by the petitioner.

2.

On direction, learned Additional Government Pleader takes notice for the respondent.

3.

Heard both sides.

4.

We are not inclined to stay the ultimate decision taken by the State Level Scrutiny Committee dated 27.04.2006. However, in the same order,

the Committee has permitted the Tamil Nadu Public Service Commission to initiate appropriate action against the petitioner/appellant by name K.

Sakthivel. Further, in para 8, the Committee has directed the District Collector, Dharmapuri to initiate appropriate action against the Officer, who

issued the incorrect Scheduled Tribes Community Certificate and also against the certificate holder .

5.

In this appeal we are concerned with the certificate holder. Considering the fact that the writ petition is filed against the State Level Scrutiny

Committee and the same has been admitted and issued rule nisi, we intend to grant limited relief. Accordingly, the direction in para 8 of the

proceedings of the State Level Scrutiny Committee to the District Collector, Dharmapuri for initiating criminal and disciplinary action against the

certificate holder - writ petitioner/appellant herein, is hereby stayed till the disposal of the writ petition. It is also made clear that any decision taken

by the Tamil Nadu Public Service Commission pursuant to the direction of the State Level Scrutiny Committee dated 27.04.2006, shall be subject

to the result of the writ petition. To this extent, the order of the learned single judge is modified.

The writ appeal is ordered accordingly. No costs. Consequently, connected MP., is closed.