Skip to main content

Full text of "The Ethnology Of Beda Badaga Jangam Caste In Andhra Pradesh"

See other formats

essentially distinction between a Court and an
administrative authority. But the Rule requiring reasons to
be given in support of an order is indispensable. The
condition to record reasons introduces clarity and
excludes arbitrariness. (Para 25)

Leave alone the structure of the order, the order
impugned is totally un-intelligible. An un-intelligible order
can never be considered as a reasoned order. The
portions of the order referred to herein above in un-
mistakable terms would reveal lack of clarity. It is difficult
to discern the reasons in support of the conclusions. The
order is not in accordance with the requirements of the
principles of natural justice, it is liable to be set aside and
it is accordingly set aside. The matter is remitted for fresh
consideration by the third respondent, Joint Collector-
cum-District Magistrate. (Paras 26 and 27}

//. Case - Enquiry with regard to cancellation of
Caste Certificate issued earlier - The party is only entitled
to copies of documents on which the authorities seek to
rely but not other documents on the basis of which the
enquiry was initiated.

The petitioner cannot insist for the supply of
documents which are not in the possession of the
respondents. However, the third respondent had supplied
a copy of the report submitted by the Commissioner of
Tribal Weif re in which it is held that the petitioner does not
belong to "Kotiya Bentho OriyaM community. The petitioner
is not entitled to ask for the copies of the complaint upon
which the entire action is initiated against him. The