Sri. A.S. Ashok vs The Senior Manager on 17 December, 2020

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Karnataka High Court

Sri. A.S. Ashok vs The Senior Manager on 17 December, 2020

Bench: P.B. Bajanthri

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 17TH DAY OF DECEMBER, 2020
                            BEFORE
     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

       WRIT PETITION NO.52780/2016(GM-CC)

BETWEEN:

SRI. A.S. ASHOK
S/O SRI A.O. SRINIVASAIAH
AGED ABOUT 50 YEARS,
R/O FB 216, 5TH FLOOR, CENTRAL TOWNSHIP,
HAL, MARATHHALLI POST,
BANGALORE - 560 037                                ... PETITIONER

(BY SRI. KESHAVA BHAT A., ADVOCATE)

AND:

1.     THE SENIOR MANAGER
       (HR)-E, HINDUSTAN
       AERONAUTICS LIMITED (HAL)
       ENGINE DIVISION, BANGALORE COMPLEX,
       POST BAG NO.9310,
       BANGALORE - 560 093

2.     THE DEPUTY SUPTD. OF POLICE
       CRE CELL, KOLAR DIVISION,
       GULPET, KOLAR - 563 101

3.     DISTRICT CASTE VERIFICATION
       COMMITTEE, BENGALURU,
       REP. BY ITS SECRETARY, D.S.W. OFFICE,
       SAMPANGIRAMANAGAR, BANGALORE.           ... RESPONDENTS

(BY SRI. C JAGADEESH FOR R2 & PROPOSED R3
    SRI. K.S. BHEEMAIAH FOR R-1)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE
RECORDS PERTAINING TO CASTE VERIFICATION PROCEEDINGS OF
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THE PETITIONER FROM THE FILE OF R-2 AND ON PERUSAL OF THE
SAME AND ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING - B
GROUP   PHYSICAL    HEARING/VIDEO   CONFERENCING     HEARING
(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-

                           ORDER

In the instant petition, petitioner has prayed for the following reliefs:

a) Issue a writ of certiorari or any other appropriate writ, order or direction setting aside the notice issued by the first respondent dated 26.07.2016 on N.E/HR/617/2016/1708 vide. Annexure-F

b) Issue a writ of prohibition or any other appropriate writ order or direction prohibiting the second respondent from proceeding with the enquiry in respect of the caste verification of the petitioner.

2. Petitioner has joined service of respondent - HAL from 14.03.1985. It is learnt that petitioner had benefit of reservation under Scheduled Tribe category read with "Maleru" caste. Caste certificate issued in favour of the petitioner has been validated by the Deputy Commissioner cum Chairman of the District Caste and Income Verification Committee, Bengaluru dated 28.06.1996. Unless and until, it is withdrawn/ modified/reviewed, question of once again 3 subjecting the petitioner to caste verification in terms of Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 read with Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) (Karnataka) Rules, 1992 is impermissible. Therefore, CRE Cell, Kolar District has no jurisdiction in summoning the petitioner for the purpose of verification of the caste. Consequently, communication made by the respondent - HAL vide Annexure - F dated 26.07.2016 is without authority of law.

3. Annexure - F dated 26.07.2016 stands set-aside. Action of the CRE Cell, Kolar Division, Galpet, Kolar dated 26.07.2016 is without authority of law. Accordingly, writ petition stands disposed of reserving liberty to the respective parties to resort action if any in accordance with law.

Sd/-

JUDGE Brn

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