Central Administrative Tribunal - Bangalore
Ashok Bhovi vs Defence on 4 January, 2024
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OA.No.170/497/2022/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00497/2022
DATED THIS THE 04TH DAY OF JANUARY, 2024
CORAM:
HON'BLE MS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Ashok Bhovi,
S/o. Maruthi Bhovi,
Aged 34 years,
Worked as Washerman,
No.4 Training Battalion, No.2 Training Centre,
Agram Post, Bangalore-560007.
Residing at: 1268A, 1/4
Koujalgi, Gokak (Tq),
Belgaum-591227. ..Applicant.
(By Advocate Shri Raghavendra G. Gayatri)
Vs.
1.Union of India
represented by its Secretary.
Department of Defence,
101-A, South Block,
New Delhi-110 003.
2. The Central Head office,
Ministry of Defence
represented by its Deputy Director (D)(Civ),
S.T.12, New Delhi-110105.
3) The Centre Commandant
Appointing and Disciplinary Authority,
ASC Centre, No.4 Training Battalion,
No.2 Training Centre, Agram Post,
Bangalore-560007.
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OA.No.170/497/2022/CAT/Bangalore Bench
4. ASC Centre and College,
No.4, Training Battalion (MT),
Bangalore-560007. ....Respondents.
(By Shri N. Amaresh, Sr. Panel Counsel for the Respondents)
O R D E R (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
a) To quash the impugned order dated 14.07.2016 in reference No. Cell/9021/Discp/ST-12 (Est)(Centre) (Annexure-A12) issued by the 3rd Respondent, vide which the services of the applicant have been terminated due to his failure to produce necessary documents in support of his Scheduled Caste status.
b) To quash the order dated 26.02.2022 in reference No. 78604/2/Q/ST-
12 (Civ) (Annexure-A18), passed by the 2nd Respondent, vide which the request for reinstatement of the applicant, who was terminated for non- verification of caste documents, has been rejected.
c) Direct the respondents to reinstate the Applicant into services as Washerman by granting all consequential benefits etc.
d) Pass any other order or direction that this Tribunal deems fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity.
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OA.No.170/497/2022/CAT/Bangalore Bench
2. The facts of the case as pleaded by the applicant in his pleadings, are as follows:
a) The Applicant applied for the post of Washerman in the year 2012. He appeared for the written test /interview for the post of Washerman on 8.11.2012. Subsequently, the 3rd Respondent provisionally selected the Applicant 03.07.2013 as Washerman under SC category. He was asked to appear before the competent authority on 25.07.2013 for completion of necessary documentation. He was asked to produce the original documents at the time of verification of documents. As per the letter dated 07.09.2013, the Applicant was asked to appear before the competent authority for verification of the originals.
b) The Applicant reported for duty on 14.10.2014. Immediately after his appointment as Washerman, his Caste Certificate was sent to the Caste Validity Committee for verification of the caste of the Applicant. The Applicant belongs to Bhovi Caste which comes under SC Category. The District Caste Validity Committee, Belagavi, conducted the proceedings on 30.12.2014. In a subsequent order dated 19.08.2015 the Committee rejected the claim of the Applicant as belonging to SC category. Copy of the proceedings of the District Caste Verification Committee dated 30.12.2014 is produced as Annexure-A5. The subsequent order of the Committee dated 19.08.2015 is produced as Annexure-A6.
c) Aggrieved by the said order, the Applicant approached the Hon'ble High Court of Karnataka, Dharwad Bench, in W.P. No. 103356/2015 4 OA.No.170/497/2022/CAT/Bangalore Bench which came to be disposed of on 13.04.2015, directing him to file an appeal before the competent authority. The Applicant approached the Appellate Authority, the Commissioner of Social Welfare Department, Government of Karnataka. In the meanwhile, the 3rd Respondent issued notices to the Applicant on 29.09.2015, 21.10.2015, 20.01.2016 and 31.05.2016 requesting him to produce the Validity Certificate in order to continue his post as Washerman. In the said notices, it was clearly stated that the Applicant was appointed as Washerman under SC quota and his Caste Certificate was sent for verification and Caste Verification Committee had rejected the claim of the Applicant. They asked the Applicant to produce the Validity Certificate.
d) In view of the above said matter, the 3rd Respondent issued an order of termination on 14.07.2016 terminating the Applicant's services as Washerman on account of failure on the part of the Applicant to produce the Caste Validity Certificate issued by the competent authority.
e) The Appellate Authority, the Commissioner of Social Welfare Department considered the Appeal filed by the Applicant under Section 4(d) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation and Appointment, etc.) (2nd Amendment) Act, 2004, and allowed the appeal on merits on 5th March 2016. Further, it set aside the orders passed by the Caste Validity Committee and remitted the matter back to the Caste Verification Committee with a direction to verify the genuineness of the caste 5 OA.No.170/497/2022/CAT/Bangalore Bench entered in the school records of the Uncles of the Applicant relating to 1920 and 1937 and to pass a speaking order.
f) The District Caste Validity Committee, conducted further proceedings on 04.03.2021. After a thorough enquiry, it was declared on 6.03.2021 that the Applicant belongs to Bhovi caste, which comes under SC category. The District Caste Validation Committee decided to issue the Validity Certificate of the Applicant under Bhovi SC category. Copy of the Caste Validity Certificate issued by the Deputy Commissioner and President, Caste and Income Verification Committee, Belagavi, dated 02.06.2021 is produced as Annexure-A16. Immediately after the receipt of the said order of the District Validity Committee and the Caste Validity Certificate, the Applicant submitted a representation to the 3rd Respondent to reinstate the Applicant into service.
g) The 2nd Respondent considered the case of the Applicant for reinstatement and passed a cryptic order on 26.02.2022, rejecting the claim of the Applicant's reinstatement stating that the Applicant was not at all appointed under the SC Category and his obtainment of Validity Certificate is nothing to do with his termination of service.
h) It is submitted that the earlier show-cause notices and the order of termination was clearly on the ground that the Applicant failed to produce the Caste Validity Certificate. However, now they have changed their stand itself to deny the reinstatement of the Applicant as Washerman.
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3. The respondents have filed their written statement wherein they averred as follows:
a) No 14873134Y Civ/W/Man Ashok Bhovi was appointed on 14th October 2014, vide his appointment letter No Cell/9033/WM-4/SC/ST-
12{Est) dated 21st September 2014 in the exiting vacancy of Civ Washerman under Scheduled Caste (SC) quota (Bhovi) Caste at ASC Centre (South) on the basis of caste certificate issued by the Tahsildar, Revenue Department, Gokak, Taluk, Belgaum District, Govt. of Karnataka dated 12th July 2013. He was appointed to a temporary post of Washerman as Multi-Tasking Staff by the appointing authority.
b) The Caste Certificate (RDS Request ID No 138923923 dated 12th July 2013) issued to the candidate by the Tahsildar, Gokak Taluk, Belgaum District was forwarded to the District Collector, Belgaum District, Karnataka for verification about the genuineness of the candidate's claim that he belongs to Scheduled Caste vide this office letter No Cell/9033A/VM-4/ST-12 (Est) dated 11th October 2013. No reply was received on the subject by this centre, in spite of numerous reminders issued to District Collector Belgaum Dist., Karnataka to intimate correctness/verification of the above caste certificate. In this connection the following letters had been forwarded to the District Collector, Belgaum Dist., Karnataka to intimate correctness/verification of the caste certificate.
i. Cell/9033/WM-4/ST-12 dt 11 Oct 2013 7 OA.No.170/497/2022/CAT/Bangalore Bench ii. Cell/9033/WM-4/ST-12 dt 07 Nov 2013 iii. Cell/9033/WM-4/ST-12 dt 21 Nov 2013 iv. Cell/9033/WM-4/ST-12 dt 04 Dec 2013 v. Cell/9033/WM-4/ST-12 dt 18 Dec2013 vi. Cell/9033AA/M-4/ST-12 dt 04 Jan 2014 vii. Cell/9033.WM-4/ST-12 dt 15 Jan 2014 viii. Cell/9033A/VM-4/ST-12 dt 08 Feb 2014 ix. Cell/9033/wM-4/ST-12 dt 16 Apr 2014 x. Cell/9033/WM-4/ST-12 dt 15 May 2014 xi. Cell/9033/WM-4/ST-12 dt 20 Aug 2014.
c) The verification was received from Revenue Authority vide their letter No 667/2015-16 dated 27th May 2015 and O/o District Magistrate & President of Caste & Income Verification Committee Belgaum letter No GSK JCP-CR-667 14-15/1524 dated August 2015 stating that Bhovi caste does not fall under SC category.
d) After receiving clarification by the District Collector, Belgaum that the applicant belongs to OBC Caste and that the individual has produced false caste certificate at the time of appointment, and because the Central Civil Service (Temporary service) Rules, 1965 Para 8.4 of chapter 8 of the Brochure on Reservation of SCs, STs and OBCs in service published by DOPT in September 2011 "If the individual 8 OA.No.170/497/2022/CAT/Bangalore Bench produced false document, the service will be terminated forthwith without assigning, any further reason and without prejudice to such further action as may be taken under the provision of the Indian Penal Code for production of false certificate"; a decision was taken by the respondents to terminate the services of the applicant.
e) Accordingly, the applicant was terminated from service on 14 July 2016 as per the provisions of para 5 of the Appointment letter No Cell/9033/WM4/SC/ST-12(Est) dated 21st September 2014.
f) The applicant submitted a fresh caste validity certificate dated 2.6.2021, issued by Dy. Commissioner & President, Caste & Income verification Committee Belagavi, received vide Jt. Dir. Office, Department of Social Welfare Office, Belagavi letter No. JD.DSW/JSP/CR-151/2021-22/37 dated 07 July 2021 along with the recommendation of the District Caste Review Committee Mtg showing that Bhovi caste falls under the Category of Scheduled Caste.
g) The applicant submitted an application requesting for his reinstatement in service accordingly vide his representation dated 05.07.2021. The documents submitted by him were again forwarded for verification. The Joint Director, Department of Social Welfare Belgaum vide his letter dated 02nd December 2021 confirmed the caste certificate stating that the initial caste certificate dated 12 July 2013 issued by Tahsildar, Gokak Taluk during the enrolment of the applicant is valid and correct. 9
OA.No.170/497/2022/CAT/Bangalore Bench
h) The case was taken up with Dir Gen of Sup & Tpt (ST-12), IHQ of MoD (Army) seeking advice as to whether No 14873134Y Civ/W/Man Ashok Bhovi can be reinstated into service, on the basis of documents and clarification issued by the Revenue Authorities.
i) The Dir Gen of Sup & Tpt (ST-12). IHQ of MoD (Army) vide their letter dated 26 Feb 2022 have stated as follows:
"The caste certificate dated 02 June 2021 of SC Cat issued to Shri Ashok Bhovi is based on the committee decision on 21-22 dated 02 June 2021 and the same will not be applicable for recruitment carried out in Oct 2014. Hence, the case for reinstatement of old Civ Washerman Ashok Maruthi Bhovi of ASC Centre (South) does not hold merit."
j) The same reply was sent to Civ Washerman Ashok Maruthi Bhovi vide this Centre letter No 8714/4TB/ST-12(Civ) dated 19th March 2022. Therefore, it is submitted that the case of the applicant was properly considered and a decision was taken not to reinstate the applicant, as the applicant could not submit the necessary caste validity certificate during the probationary period/ within a reasonable time.
4. Heard the learned counsels for the parties and perused the pleadings made by them.
5. In the present case, the applicant had admittedly been appointed as Washerman on 14.10.2014 under SC category. He had submitted his caste 10 OA.No.170/497/2022/CAT/Bangalore Bench certificate issued by Tehsildar, Gokak Taluk, Belgaum, claiming to belonging to Bhovi Community, which is an SC category.
6. As per the procedure, his caste certificate was sent to the caste verification committee for verification of the caste/cast certificate of the applicant. Initially, the Caste Verification Committee, headed by the Deputy Commissioner, came to the conclusion that the applicant does not belong to Hindu 'Bhovi' caste and that he belongs to Hindu "Bhoyi/RajaBoyi (Bhovi)" caste, which belongs to category-1 and is not a Scheduled Caste.
7. Based on this adverse report of the caste verification committee, the applicant's services were terminated under the provisions of CCS (Temporary service) Rules, 1965, where there is provisions that "If the individual produces false document, the service will be terminated forthwith without assigning, any further reason and without prejudice to such further action as may be taken under the provision of the Indian Penal Code for production of false certificate".
8. However, this decision of caste verification committee was appealed against by the applicant before the Commissioner, Social Welfare Department, which accepted the appeal on 5th March 2016, and remitted the matter back to the Caste Validity Committee after setting aside the initial order passed by the Caste Validity Committee. Subsequently, the matter was again considered by the Caste Validity Committee and finally vide its decision dated 04.3.2021, the Committee passed a detailed order clarifying that the candidate indeed belongs to SC "Bhovi" caste. The Committee decided to issue the Caste Validity certificate. Consequently, the Caste Validity 11 OA.No.170/497/2022/CAT/Bangalore Bench certificate dated 02.6.2021 was also issued by the Deputy Commissioner, Belagavi.
9. The applicant had approached the respondents with a request to reinstate him on his initial appointment, since he had now obtained a proper validity certificate that he belong to SC caste. This request was rejected by the Director General of Supplies and Transport, IHQ of MoD(Army) vide their letter dated 26.2.2022 on the ground that the validity certificate now issued to the applicant is based on a decision of the committee dated 02.6.2021 and the same will not be applicable for recruitment carried out in October 2014.
10. The stand taken by the respondents cannot be countenanced. The applicant had been selected after due procedure in the year 2014 and his services were terminated in the year 2016, only on the ground that he failed to submit a caste validity certificate claiming to be belonging to the Bhovi Community, which falls under SC caste. He had not submitted a forged certificate in support of his claim. Initially the District Verification Committee itself came to an incorrect conclusion, thereby resulting in cancellation of his SC status and consequent termination of his service by the respondents. However, on appeal, his claim has been re-verified and his initial caste certificate has been held to be valid. He, as per the reverified claim, belongs to Bhovi caste, which falls under SC category. A Caste Validity certificate by the Deputy Commissioner and President, Caste and Income Verification Committee, Belagavi, stands issued in his favour on 02.6.2021. There has been a delay in issuing the revised caste validity certificate by the appropriate authority for which the applicant cannot be held responsible. In fact, the applicant has 12 OA.No.170/497/2022/CAT/Bangalore Bench suffered due to this delay having been out of service since 2016, for no apparent fault on his part.
11. Since the basis on which the services had been terminated do not exist anymore, there can be no ground to uphold his termination from service now after submission of his fresh Caste validity Certificate.
12. The OA has merit and is allowed with the following directions.
a) The impugned orders dated 26.2.2022 and 14.7.2016 passed by the Respondent No.2 and Respondent No.3 at Annexur's A-18 and A-12 respectively are quashed. The respondents are directed to re-instate the applicant in service as Washerman by granting all consequential benefits. However, the applicant shall not be entitled for any back wages.
b) Compliance shall be made in an expedite manner, in any event not later than 12 weeks from the date of receipt of the certified copy of this order.
13. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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