Karnataka High Court
Smt. Vijaya N W/O Nagaraj vs State By Shikaripura Police on 26 July, 2013
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF JULY 2013
BEFORE
THE HON'BLE MR JUSTICE K. N. KESHAVANARAYANA
CRIMINAL PETITION No.2655/2013
BETWEEN:
Smt. Vijaya. N.,
Aged 60 years,
W/o. Nagaraj,
R/at Gajanoor Village,
Shivamoga Taluk & District- 574 201.
... Petitioner
(By Sri.S. N. Bhat., Advocate)
AND:
1. State by Shikaripura Police,
Shivamoga District 577 427.
2. The Police Inspector,
Directorate of Civil Rights Enforcement,
Davangere- 577 006.
... Respondents
(By Sri.K.Dilip Kumar., HCGP)
This Criminal Petition is filed under Section 482 of the
Cr.P.C., praying to quash the entire proceedings in
C.C.No.831/2010 on the file of the JMFC., Shikaripura and
by allowing this petition.
This Criminal Petition coming for admission on this day,
the Court made the following:
2
ORDER
Though this petition is listed for admission today, with the consent of the learned counsel appearing on both sides, the matter is heard on merits.
2) In this petition filed under Section 482 of Cr.P.C., the petitioner has sought for quashing the prosecution launched against him in C.C. No.831/2010 on the file of the JMFC, Shikaripura, registered for the offences punishable under Sections 198 and 420 of I.P.C.
3) According to the case of the prosecution, the petitioner joined the services as Clerk in Syndicate Bank, Regional Office, Belgaum, in the year 1984 and subsequently, she was transferred to different branches and presently she is working as Clerk in Syndicate Bank of Durgigudi Branch, Park Extension, Shimoga. Before joining the service, she had obtained a caste certificate from the Tahsildar, Shikaripura Taluk, in the month of November, 1983 to the effect that she belongs to 'Ramakshatriya' community, by furnishing type of community as "Kotegar" 3 which is a notified Scheduled Caste. Later, on the basis of a report from the Assistant General Manager, Syndicate Bank, Belgaum, caste of the petitioner was verified and it revealed that she belongs to 'Ramakshatriya' and not "Kotegar" Caste. Thus, the petitioner by falsely representing that she belongs to 'Kotegar' caste, obtained a false Caste Certificate from the Tahsildar and on the basis of such caste certificate, obtained employment in Syndicate Bank against a vacancy reserved for Scheduled Caste. On the basis of such enquiry, Inspector of Police, Civil Rights Enforcement Cell, C.I.D, Bangalore, lodged a report on 26.12.1987 with the SHO, Shikaripura Police Station. Based on said report, case in Crime No.200/1987 came to be registered for offences punishable under Sections 196, 198 and 420 of IPC.
4) In the mean while, on 11.03.2002, the Government issued a circular and gave protection to the employees who had obtained caste certificate on the basis of synonymous name Parivara, Talavara, Maaleru, Kuruba, etc. communities subject to the persons surrendering the 4 caste certificates already obtained. The Government by Order dated 20.03.2003, extended the benefit conferred under Government Order dated 11.03.2002 to the persons belonging to 'Kotekshatriya', 'Kotegara', 'Koteyava', 'Koteyara', 'Ramakshatriya', etc., and who have obtained Caste Certificate by claiming themselves as 'Kotegara Metri' Caste. Thereafter, the Deputy Commissioner, as Chairman of Caste Verification Committee, Shimoga, by order dated 09.10.2003 cancelled the Caste Certificate given to the petitioner and further ordered that the petitioner is entitled to the protection as per the Government Order dated 11.03.2002. In spite of the same, the Investigating Officer filed charge sheet in C.C.No.831/2010. On coming to know of the same, the petitioner presented this petition seeking to quash the prosecution launched against her.
5) It is contended by the petitioner that this court in similar cases, in the light of the subsequent Government Orders, has quashed the prosecution launched, therefore, the petitioner is also entitled for the similar relief. 5
6) I have heard the learned counsel for the petitioner and the learned Government Pleader.
7) In the Government Order dated 23.01.1986, the State Government, in the light of the dispute as to whether among other communities, the community of 'Ramakshatriya' or 'Kotekshatriya' would also fall under the categories of Scheduled Tribe/Schedule Caste and keeping in mind that the several instances of persons obtaining such certificates and on that basis getting admission to the Educational Institutions and also getting other concessions, directed that till the issue is resolved, there shall be no prosecution against any such persons who have obtained the caste certificates. Under the very same notification, the Government appointed a committee for going into this issue and to submit a report so that the Government could make proper recommendations to the Central Government in that behalf. Subsequently, certain clarifications have been issued by the State Government. It is necessary to make reference to the Government order 6 dated 11.03.2002 wherein the Government itself decided to drop the Criminal prosecutions against the persons on the allegation that they have obtained false caste certificate either falling under Scheduled Tribe or Scheduled Caste, of course, subject to certain conditions that they should surrender the caste certificate and also their appointment should be treated as appointment under General Merit Category. A cut-of date was also fixed for that purpose. This Court in several cases had an occasion to consider the effect of the Government Order dated 23.01.1986. One such decision referred to before me is the order dated 14.08.2008 passed in Criminal Petition No.3284/2008 and connected matters. In this order, reference has been made to the judgment of the Apex Court in Writ Petition No.11894/1985, (M. Narayanappa Vs. Government of Karnataka and another) wherein the Apex Court has observed thus:-
"The view expressed in the Government Order obviously is that the matter has to be examined and appropriate recommendations have to be 7 made to the Central Government and until the investigation is made and appropriate action as envisaged in Paragraph-4 of the Government Order is taken, we see no justification for continuing the criminal proceedings or departmental action. We direct the State of Karnataka to withdraw all such proceedings - criminal or departmental- and expedite the process contemplated in their own order. Only when a positive conclusion is reached, depending upon exigencies of the situation Government may take such action as they consider appropriate. In that view of the matter without affecting the two appeals which are pending before this Court, we direct that action as indicated above be taken by the Karnataka Government within four months hence. There shall be no order as to costs."
8) This Court has also noticed that the committee appointed under the notification dated 23.01.1986 appears to have not submitted any report and no action has been taken in this behalf by the Government. Learned High Court Government Pleader submitted before this Court that 8 his enquiry with the Government revealed that no such report has been submitted by the Committee till now. It is unfortunate that in spite of the Apex Court noticing this fact way back in 1989 in its judgment referred to supra, that the Government should expedite the process contemplated in its own order dated 23.01.1986, even after 24 years of such observation by the Apex Court, the Government has not moved an inch further. Under these circumstances, the Government having regard to its own Order and the various decisions of the Apex Court and also this Court, the prosecution launched against the petitioner without finally deciding the issue as to whether the aforesaid caste would fall within any of the categories mentioned in the presidential notification or not, is improper and illegal. The contention of the learned HCGP that the benefit of the Government Order issued in the year 2002 can be extended to the petitioner only if she surrender the caste certificate, also cannot be appreciated. According to the petitioner, she has surrendered the caste certificate. However, the said question is not required to be 9 decided in this petition as in this petition what is required to be considered is, whether the criminal prosecution launched against the petitioner on the allegation that she obtained false caste certificate and on that basis she secured employment in Bank, is justified or not ?.
9) In the light of the various Government Orders and the decisions of this Court, the prosecution launched against the petitioner cannot be sustained.
10) In this view of the matter, the Criminal Petition is allowed. The prosecution launched against the petitioner in C.C.No.831/2010, on the file of the JMFC, Shikaripura, for the offences punishable under Sections- 198 and 420 of IPC, is hereby quashed. It is made clear that it is open to the State to initiate fresh action, if need be, in future, after completion of the process as contemplated in the Government Order dated 23.01.1986.
SD/-
JUDGE KGR*