COLLECTOR & DISTRICT MAGISTRATE

ANANTHAPURAMU

CANCELLATION OF FALSE CASTE CERTIFICATE

ENQUIRY CONDUCTED BY THE DISTRICT LEVEL SCRUTINY COMMITTEE

ON THE CASTE STATUS OF Sri M. R. HARI PRASAD, S/o LATE

M. RADHA KRISHNA WHO OBTAINED ST - BHAGATHA CASTE CERTIFICATE

AND GOT EMPLOYMENT AS CLERK IN SYNDICATE BANK, GOOTY

MANDAL.

Read : 1. Deputy Divisional Manager, Syndicate Bank, Zonal Office, Somajiguda,

Hyderabad lr.Ref.No.1403/20H/PS/WW/ 466259, Dated: 01.06.1994.

2. This office Rc.No.C5/5626/1994, Dt: 17.06.1994 & 11.09.1994.

3. Revenue Divisional Officer, Ananthapuramu D.Dis.No.1094/94/C,

Dt: 04.10.1994.

4. This office Rc.No. MC5/5626/1994, Dt: 28.10.1994.

5. Revenue Divisional Officer, Ananthapuramu D.Dis.No.2108/94/C,

Dt: 20.07.1995.

6. Note orders of the District Collector, Ananthapuramu, Dt: 26.04. 2000

7. Enquiry conducted by the District Level Scrutiny Committee,

Ananthapuramu, Dt:13.06.2000.

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Registered No. HSE-49/2016

W.No.25

AMARAVATI, TUESDAY , JUNE 26, 2018

G.204

PART II - MISCELLANEOUS NOTIFICATIOSN OF INTEREST TO THE PUBLIC

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NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,

8. This office Rc.No.MC3/5626/2000, Dt: 11.07.2000.

9. Superintendent of Police, Chittoor, lr.Ref.No.C.No.C2/6208/ 251/2K,

Dt: 05.02.2001.

10. District Collector, Chittoor Rc.No.MC3/10560/2000, Dt: 30.06. 2001.

11. This office Final Notice Rc.No.MC3/5626/94, Dt: 01.03.2002.

12. This office Rc.No.MC3/5626/1994, Dt: 09.04.2002,21.06.2002,

28.07.2002,07.03.2002.

13. Case Sheet of the D.L.S.C., Ananthapuramu, Dt: 13.06.2000.

14. Lead District Chief Manager, Lead District Office, Syndicate Bank,

Sreenivas Nagar, Ananthapuramu Ir.Ref.No. 10/3153/ Complaints/ 2018,

Dt: 12.01.2018 received on 25.01.2018.

15. Note orders of the Joint Collector & Chairman, DLSC., Ananthapuramu,

Dt:19.02.2018.

16. This office Notice Rc.No.MC3/5626/1994, Dt: 23.02.2018.

17. Case sheet of the D.L.S.C., Ananthapuramu, Dt: 09.04.2018.

18. Findings of the D.L.S.C., Ananthapuramu, Dt: 23.04.2018.

***

ORDER :

Rc.No.MC3/5626/1994,- In the reference 1^st read above, The Deputy Divisional

Manager, Syndicate Bank, Hyderabad has requested to cause an enquiry into the

caste credentials of one Sri M.R.Hari Prasad S/o late M.Radha Krishna, Clerk,

Syndicate Bank, Amarapuram branch, who joined for duty on 08.09.1986

under ST- Bhagatha category. Accordingly, the matter was referred to the Revenue

Divisional Officer, Ananthapuramu for conducting a discreet enquiry in the matter.

The Revenue Divisional Officer, Ananthapuramu has submitted a report

and stating that Sri M.R.Hari Prasad S/o Radha Krishna has studied upto

Intermediate at Gooty Town and got job as Clerk in Syndicate Bank, Amarapuram

Branch under reservation quota i.e., ST - Bhagatha. Sri M.R.Radha Krishna

F/o M.R.Hari Prasad belongs to Bhagatha (ST) caste and previously worked as

Guard in Railways. The Railway authorities have also published seniority list of the

Guards in which shown that Sri M.Radha Krishna also appointed under the

reservation category i.e., by producing ST - Bhagatha caste. Finally, the Revenue

Divisional Officer, Ananthapuramu has recommended for issue of Bhagatha (ST)

caste to Sri M.R.Hari Prasad S/o late Radha Krishna instead of confirming

about the genuineness of Bhagatha (ST) caste, already issued to the individual in

question in the year 1985 & 1986.

Accordingly, a letter has been addressed to the Revenue Divisional

Officer, Ananthapuramu vide this office to furnish specifically mention

about the genuineness of caste certificate of Sri M.R.Hari Prasad S/o late

ANDHRA PRADESH GAZETTE, June 26, 2018

M.Radha Krishna.

In this connection, the Revenue Divisional Officer, Ananthapuramu has

submitted a detailed enquiry report and stating that Sri M.R.Hari Prasad and his

brother M.R.Karunakar appeared on 20.02.1995 and deposed that, they are

residing in Gooty R.S. He is working as Clerk in Syndicate branch in Venkatagiri

branch, Nellore district and his brother is working as Special “B” Grade Guard

in South Central Railways, Gooty. They have also stated that, their father by

name Sri M.R.Radha Krishna was born at Vishakapatnam and studied at

Thirupathi by virtue of profession and settled his family at Gooty R.S. The caste

certificate has been issued to Sri M.R.Hari Prasad S/o M.Radha Krishna as

Bhagatha (ST) in the year 1985 and 1986 by the Mandal Revenue Officer, Gooty.

His father belongs to Bhagatha (ST) caste and married to one Smt M.Varalakshmi

of Tirupathi who belongs to Balija (OC) caste by inter caste marriage and all

of their children were also married with inter caste persons. Their father has got

4 sons and 1 daughter. At present, the parents of the applicant are no more. Further,

his brothers and sister married with Balija (OC) caste persons though they

belongs to Bagatha (ST) caste. Further, they have stated that, the caste of their

father is Bagatha (ST) and the same is utilized by them.

Further, the Revenue Divisional Officer, Ananthapuramu has reported

that, marriages, other performances (Social customs) made with Balija caste

persons only. The individual and his brothers were utilized the benefit by adopting

the caste of his father i.e., Bhagatha (ST). But they performed marriages with

Balija (OC) caste persons.

Finally, the Revenue Divisional Officer, Ananthapuramu has stated that the

caste of Sri M.R.Hari Prasad S/o late M.Radha Krishna belongs to Balija (OC)

and does not belongs to Bhagatha (ST) caste as their family members were

married with Balija caste people only.

The District Revenue Officer, Ananthapuramu has noticed the discrepancy

between the two reports submitted by the present Revenue Divisional

Officer, Ananthapuramu and predecessor Revenue Divisional Officer,

Ananthapuramu and instructed to submit a fresh report with specific remarks with

regard to correct caste status of Sri M.R.Hari Prasad S/o late Radha Krishna,

Gooty R.S. Mandal, Ananthapuramu district.

Accordingly, the District Collector, Ananthapuramu has been referred the

case to the District Level Scrutiny Committee, Ananthapuramu for its scrutiny

and Findings.

The Joint Collector & Chairman, District Level Scrutiny Committee,

Ananthapuramu had issued a Notice to the individual vide this office Rc.No.

MC3/5626/1994, dt.09.05.2000 to attend at Collector’s office, Ananthapuramu

ANDHRA PRADESH GAZETTE, June 26, 2018

for enquiry on 13.06.2000 with all documentary evidences in support of his

community claim.

In obedience to the Notice, individual has appeared before the DLSC

and stated that he belongs to ST - Bhagatha caste and submitted a representation

that his father was appointed in Railways on 01.04.1981 as Brakes Man at

Guntakal. His caste has been noted as Bhagatha (ST) in Railway records also.

The Service Register of his father is available with Divisional Personal Officer,

Guntakal in which Bhagatha (ST) caste is mentioned in the first page of Service

copy of first page of service register.

The DLSC committee members have gone through the record available

and recorded the facts that Sri M.Hari Prasad’s Father and Grand Father belong

to Vizag where as the details of Grand Mother is not known to him. He has no

ancestors in vizag and accepts that he married to one who belongs to Balija caste.

The Findings of the DLSC are recorded as follows.

(a) The caste certificate has been issued to the individual as Bhagatha (ST)

in the year 1985 and 1986 by the then Mandal Revenue Officer, Gooty

(b) The individual stated that, his father was born at Vishakapatnam, studied

at Tirupathi and settled at Gooty R.S.

(O.C.) caste.

(d) His brothers and sisters are also married in Balija (OC) caste.

(e) The marriages, other performances (Social customs) made with Balija

caste persons only

(f) The caste certificate issued to the individual is not genuine one.

On observations of the above explanations and enquiries undertaken in this

regard the DLSC committee members have concluded that Sri M.R.Hai Prasad

S/o late M.Radha Krishna of Gooty Mandal belongs to Balija (OC) caste.

During the DLSC meeting on the same day i.e., 13.06.2000 in which a

decision has been taken to obtain reports from the District Collector, Chittoor &

Superintendent of Police, Chittoor as they previously said to be resided in Adivipalli

villages of M. Agraharam villages of Chittoor district.

In this connection, the District Collector, Chittoor and Superintendent

ANDHRA PRADESH GAZETTE, June 26, 2018

of Police, Chittoor have been addressed to cause enquiries in to the social

status of individual’s father i.e., late M.Radha Krishna and mother of the individual.

The Superintendent of Police, Chittoor district has been conducted

enquiry at Adavipalli village of Penumur Mandal, Chittoor district and also at

Murakambattu Agraharam village of Chittoor district Taluk PS limits and reported

that there is no such person by name Sri M.R.Hari Prasad S/o late M.Radha Krishna

have not been resided in the said villages and requested to inform the exact names

of the villages and the surname of the wife of late M.Radha Krishna to take

further action.

The District Collector, Chittoor has submitted a report that Revenue Divisional

Officer, Chittoor stated that Sri M.R.Hari Prasad S/o late M.Radha Krishna is not a

native (or) resident of Adivipalle village of Penumur Mandal and also there is no

such name of M.Radha Krishna in the village of Adivipalle since 40 years.

Further, the Joint Collector & Chairman, DLSC., Ananthapuramu had issued

Final Notice vide this office Rc.No.MC3/5626/1994, dt: 01.03.2002 to Sri M.R.Hari

Prasad S/o late M.Radha Krishna for enquiry on 07.03.2002 at Collector’s

office, Ananthapuramu with a request to furnish all documentary evidences in

support of his community claim.

In obedience to the Notice, he appeared before the DLSC committee and

deposed a statement that he is working as Clerk in Syndicate Bank, Dachuru

Branch, Nellore district. He produced xerox copy of 1^st page of Service Register

pertaining to his father late M.Radha Krishna who worked in Railways in which

his caste has been indicated as Hindu - Bhagatha (ST) duly attested by the

Railway authorities. It is an extract of the reconstructed Service Register. Further,

he stated that he has no evidence except that his father studied in BZC School,

Chittoor who claimed ST status.

Further, District Level Scrutiny Committee opined that an in depth enquiry

needs to be done in this regard. The DLSC committee opined that no surname

by called “Madi” is found in “Bhagatha” community. It was decided to enquire

thoroughly in to the following.

a. Details of relatives

b. Details of brothers and sisters

c. Study certificates of his father.

It has been directed to the delinquent to furnish the above documents with

in 15 days.

ANDHRA PRADESH GAZETTE, June 26, 2018

Accordingly, Sri M.R.Hari Prasad S/o late M.Radha Krishna submitted

a representation to the Joint Collector, Ananthapuramu on 19.03.2002 and stated

that his four brother details are as follows.

(i) Sri M.R.Karunakar

(ii) Sri M.R.Satyanarayana

(iii) Sri M.R.Hari Prasad

(iv) Sri M.R.Narendra Prasad.

(i)

Sri M.R.Karunakar is working as Railway Mail and Express Guard

married to one Smt R.Bhanumathi who is working as Staff Nurse

in Govt. General Hospital, Gooty. She belongs to Hindu - Ediga caste.

(ii)

Sri M.R.Satyanarayana is working as Traffic Inspector, Cuddappah

married to one Smt D.Santha Lakshmi Her caste is Uppara Balija.

Her father worked as Superintendent in SRM / Guntakal who is

residing in D.No.2/286 Up stairs, C.K. Street, Tirupathi.

(iii)

Sri M.R.Hari Prasad is working as Clerk-cum- Cashier in Syndicate

Bank, Dachuru Branch, Nellore district. He married to one

Smt A. Lakshmi Chaya and her caste has been noted as “Hindu”

as per the Transfer certificate issued by the Sri Padmavathi

Women’s college, Tirupathi. She belongs to Balija caste.

(iv)

Sri M.R.Narendra Prasad is working as Head Clerk in Railways,

Renigunta. He married to one Smt Suneetha who belongs to

Gajula Balija.

Further, Sri M.R.Hari Prasad S/o late M.Radha Krishna produced the

Transfer certificates of their brother wives in support of their community claim.

He stated that he and his brothers married with different caste persons in different

districts as all the marriages were performed in inter caste. While his father was

working in Railways got married who belongs to Balija caste and left Chittoor.

His father studied SSLC in B.Z.High School, Chittoor.

In this connection, a letter has been addressed to Divisional Railway

Manager, South Central Railways, Guntakal vide this office letter No.MC3/

5626/1994, dt: 09.04.2002 duly enclose a copy of the first page of Service Register

late M.Radhakrishna, who worked in Railways in which his caste has been

indicated as Hindu - Bhagatha (ST) as furnished by the individual and requested

to furnish the following for taking further action in this regard.

(a) Whether the first page of the Service Register furnished by the

individual is genuine (or) not

(b) Whether Sri M.Radha Krishna was appointed in Railway department

under reservation quota on the strength of S.T. Bhagatha caste (or) not.

ANDHRA PRADESH GAZETTE, June 26, 2018

Further, draft reminders have also been addressed vide this office,

letter, dt: 21.06.2002, 27.07.2002, 12.08.2002, 23.12.2002,08.04.2003 and

24.10.2003. But no reply has been received from them.

Further, the Lead District Chief Manager, Lead District Office, Syndicate

Bank, Ananthapuramu in his letter Rc.No. 10/3153/Complaints/2018, dt: 12.01.2018

has addressed a letter to the District Collector, Ananthapuramu to confirm the

genuineness of the caste status of Sri M.R.Hari Prasad S/o late M.Radha

Krishna of Gooty Town who is working as Clerk in Syndicate Bank, Tirupathi branch.

The Joint Collector / Chairman, DLSC., Ananthapuramu has again placed

the case before DLSC as no action has been taken since 2003 and a Notice in

Form - VI was issued to the above applicant to appear before the Committee on

09.03.2018 with the following documents.

(i)

Aadhar No. of Sri M.R.Hari Prasad, S/o late M.Radha Krishna and his

family members.

(ii)

A certificate from the association of Bhagatha Welfare Association to

certify the genuineness of the caste certificate.

(iii)

Any other documentary evidences of your kin and kith to prove your

caste as Bhagatha (ST).

In obedience to the Notice, Sri M.R.Hari Prasad, S/o late M.Radha Krishna

has attended before the Scrutiny committee on 09.03.2018 and stated that he is

working as Clerk in Syndicate Bank, Tirupathi branch who belongs to Bhagatha (ST)

caste. Further, he stated that his brother by name Sri M.R.Narendra Prasad is

working in Railways under compassionate grounds as his father was died while

in service who also belongs to Bhagatha (ST) caste. Except this, Sri M.R.Hari Prasad,

S/o late M.Radha Krishna has not submitted any documentary evidences to the

scrutiny committee as called for above in support of his claim as belonging to

the caste “Bhagatha” (ST).

According to section (6) of A.P. (SC,ST & BC) Regulation of Issue of

Community Certificates Act, 1993, (Act No. 16 of 1993), burden of proof lies on the

claimant i.e., Appellant only. But, the Appellant failed to prove his caste claimed as

Bhagatha (ST).

As per the guidelines for determining the caste of the child of inter-caste

married couple are laid down by the Government of India in G.O.Ms.No.371

Employment & Social Welfare (B2) Department Dated: 13.04.1976 as follows.

The question has risen whether the off-spring born out of wedlock between a

couple one of whom is a member of Scheduled Tribe and other is not, should be

treated as a Scheduled Tribe (or) not.

ANDHRA PRADESH GAZETTE, June 26, 2018

In case of marriage between a tribal with a non-trlbal the main

factor (or) consideration is whether the couple were accepted by the Tribal

society to which the tribal spouse belongs. If he or she, as the case

may be, is accepted by the socilty then their children shall be deemed

to be Scheduled Tribes. But this situation can normally happen when the

husband is a member of the. Scheduled Tribes. The final result will always

depend on whether the child was accepted as member of the Scheduled

Tribe (or) not

In this instant case, Sri M.R.Hari Prasad, S/o late M.Radha Krishna

was born, brought up and living together with the family of her mother, which is

Balija (OC) locality and hence he was accepted by the Balija society. Most of the

relatives are also continuing relationship with the Balija people i.e., his relatives

have got married to Balija people. The individual and his relatives are following the

traditions and customs of Bailja and continuing the relationship with Balija

people. If is noticed that Sri M.R.Hari Prasad S/o late M.Radha Krishna was

bought up in the surrounding of his mother’s relation. In such case, a child

cannot be treated as a member of the Scheduled Tribe community and cannot

get any benefits.

Further, the District Level Scrutiny Committee, Ananthapuramu has gone

through the record available and felt that the individual does not have material

any evidences in support of his claim and decided to finalise the case basing on

the facts in issue and material facts of the case. The fact, that the marriages

held in the family of the individual, traditions and customs being followed by

them also established that, the individual belongs to Balija (OC) caste.

On observation of the above explanations and enquiries undertaken in

this regard the DLSC Committee members, Ananthapuramu have concluded

that Sri M.R.Hari Prasad, S/o late M.Radha Krishna of Gooty mandal does not

belongs to Bhagatha (ST) caste through the Case Sheet.

Further, the District Level Scrutiny Committee, Ananthapuramu has

recommended for cancellation of fraudulent caste certificate as Bhagatha (ST)

obtained by Sri M.R.Hari Prasad S/o late M.Radha Krishna from the Tahsildar, Gooty.

The Joint Collector & Chairman, District Level Scrutiny Committee,

Ananthapuramu has gone through the material evidence available on record,

other substantive grounds and agreed the facts with the opinion of members of

District Level Scrutiny Committee, Ananthapuramu and has given approval

upon the “Findings of the District Level Scrutiny Committee” that., Sri M.R.Hari

Prasad, S/o late M.Radha Krishna of Gooty Town, Ananthapuramu district do

ANDHRA PRADESH GAZETTE, June 26, 2018

belongs to the caste & community of “Balija” OC and does not belongs to

Bhagata (ST). The caste certificate obtained him as Bhagatha (ST) is a

fraudulent one and deserves for cancellation.

I have verified the records as well as the report of Revenue Divisional

Officer, Ananthapuramu and the report of District Level Scrutiny Committee and

perused the documents produced by the applicant. After perusing the above

factors with a critical view, I am convinced that the District Level Scrutiny

Committee rightly recommended and declaring that the caste of Sri M.R.Hari

Prasad, S/o late M.Radha Krishna of Gooty Town, Ananthapuramu district do

belongs to the caste & community of “Balija” OC.

Under section 5 (1) of AP (SC,ST and BC) Regulation of issue of Community,

Nativity and Date of Birth Certificate Act 16 of 1993 r/w Sub-Rule 7 of Rule 9 of

AP (SC,ST & BC) Issue of Community, Nativity and Date of Birth Certificate

Rules, 1997, communicated in G.O.Ms.No.58 of Social Welfare Department,

Dt: 12.05.1997, the District Collector is competent to cancel the caste certificate.

In view of the above circumstances and in exercise of powers conferred,

under Sub Rule 7 of Rule 9 of A.P.by the Government under Rule (9) of A.P. (SC/ST &

BC) Issue of Community, Nativity and Date of Birth Certificate Rules, 1997 (G.O.Ms.

No.58 S.W. (J) Dept., dated. 12.05.1997) read with secretion 5 (i) of A.P. (SCs,

STs and BCs) Regulation of Issue of Community, Certificates Act 16/93,

I, Sri G.Veerapandian, I.A.S., Collector and District Magistrate, Ananthapuramu

do hereby cancel the Bhagatha (ST) caste certificate obtained by Sri M.R.Hari

Prasad, S/o late M.Radha Krishna of Gooty Town, Ananthapuramu district, Andhra

Pradesh state from the then Tahsildar, Gooty and other caste certificates if any

obtained later on, with immediate effect duly declaring that the individual does not

belongs to Bhagatha (ST) community.

A notification to this effect shall be published in the District Gazette

extraordinary.

An appeal against this order lies before the Government within thirty (30) days

from the publication of order in the Andhra Pradesh Gazette as per Section 7 (2)

of Act 16 of 1993.

G.VEERAPANDIAN, I.A.S.,

Date: 26.5.2018.

Collector & District Magistrate,

Ananthapuramu.

Sri M.R.Hari Prasad, S/o late M.Radha Krishna, Clerk, Syndicate Bank,

Regional office, Bairagipatteda, Tirupathi - 517 501 (BY RPAD).

ANDHRA PRADESH GAZETTE, June 26, 2018

NOTIFICATION

Rc.No.MC3/5626/1994,- In view of the recommendations of the District Level

Scrutiny Committee and in exercise of powers conferred under section 5 ^ri) of the A.P.

(SC/ST/BC) Issue of community certificate Act 16/1993 r/w Sub-Rule (7) of Rule 9 of A.P.

(SC/ST/BC) issue of Community, Nativity and Date of Birth Certificate Rules, 1997

communicated vide G.O.Ms.No.58, Social Welfare (J) Department, Dt: 12-5-1997, I, Sri

G.Veerapandian, I.A.S., Collector and District Magistrate, Ananthapuramu do hereby cancel

the Bhagatha (ST) caste certificate obtained by Sri M.R.Hari Prasad, S/o late M.Radha

Krishna of Gooty Town, Ananthapuramu district, Andhra Pradesh state from the then

Tahsildar, Gooty and other caste certificates if any obtained later on, with immediate effect

duly declaring that the individual does not belongs to Bhagatha (ST) community.

G.VEERAPANDIAN, I.A.S.,

Date: 26.5.2018.

Collector & District Magistrate,

Ananthapuramu.

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ANDHRA PRADESH GAZETTE, June 26, 2018

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