TaxTMI 
TaxTMI 
2006 (11) TMI 543
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..... The SSLC certificate of the respondent indicated that he belongs to the 'Konda Kapu' community which is admittedly a Scheduled Tribe community in the State of Andhra Pradesh. Thereafter the respondent appeared for a departmental test for promotion to the post of Upper Division Clerk against a post reserved for the Scheduled Tribe community, and the respondent was promoted as an Upper Division Clerk in Scheduled Tribe category. His promotion order specifically stated that he has been promoted as an Upper Division Clerk under Scheduled Tribe category vide promotion order dated 27.12.1976. Thereafter, in 1987, he was further promoted to the next higher post, i.e. LSG cadre, again on a post reserved for Scheduled Tribe category. On 28.11.19....
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....hat the respondent does not belong to Scheduled Tribe community and he cannot be considered as such, and the Postal Department may take appropriate disciplinary action against the respondent. Consequently a Charge Memo dated 23.12.2003 was issued to the respondent framing the following charges against him: "That he, while working as T/S Clerk in the Secunderabad Postal Division, appeared for the examination held on 19.9.76 for promotion to UDC against a post reserved for 'ST' community and subsequently he was also promoted to LSG Cadre based on the said reservation. However, as per G.O. Ms No. 28 dated 17.02.2001 the Government of A.P. declared that Sri K. Satyanarayana does not belong to Konda Kapu as declared by him and as such not enti....
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....ther AIR 1987 SC 943 etc. The reason why ordinarily a writ petition should not be entertained against a mere show-cause notice or charge-sheet is that at that stage the writ petition may be held to be premature. A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that after considering the reply to the show-cause notice or after holding an enquiry the authority concerned may drop the proceedings and/or hold that the charges are not established. It is well settled that a writ lies when some right of any party is infringed. A mere....
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....velled against the respondent under the Charge Memo dated 23.12.2003, had not been enquired into by any authority and he had not been exonerated on those charges. Hence we are of the opinion that it is not a case of double jeopardy. In fact, the contention of the respondent was carefully examined by the Central Administrative Tribunal in paragraph 5 of its order dated 15.3.2004. In the present case, in the earlier proceedings no finding had been recorded that the respondent had not availed of the benefit of belonging to the Scheduled Tribe community for any of the promotions given to him. In fact, the authority was satisfied that he gained initial entry into service as an 'OC' candidate and not as a Scheduled Tribe candidate. However, it ....