Bombay High Court
Dawlat H. Koli vs The State Of Maharashtra Thru ... on 18 July, 2024
Author: Nitin Jamdar
Bench: Nitin Jamdar, M.M. Sathaye
TRUPTI
SADANAND
BAMNE
2024:BHC-AS:28371-DB
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2024.07.19
14:47:44 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1582 OF 2019
1. Dawlat H. Koli,
Age: Adult, Occupation : Service,
Having her address at : Malad Marve
Road, Manori Bhandarwada, House No.
2346, Manori Gorai Road,
Malad (W), Mumbai - 40095
... Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
General Administration Department,
Madam Cama Marg, Hutatma Rajguru
Chowk, Mantralaya, Mumbai -400 032
2. The Shipping Corporation of India,
A Government of India Enterprises,
Through the General Manager ( P & A ),
Having its registered address at: Shipping
House, 245, Madam Cama Road,
Nariman Point, Mumbai - 400 021
3. The General Manager (FP),
Disciplinary Authority of the Shipping
Corporation of India, having office at:
Shipping House, 245, Madam Cama
Road, Nariman Point, Mumbai - 400021 ... Respondents
WITH
WRIT PETITION NO. 1595 OF 2019
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1. Nilangi Manchekar,
Age: Adult, Occupation : Service,
Having her address at : B/12,
Textila CHS, Twin Tower Lane,
Opp. Siddhivinayak Temple,
Prabhadevi, Mumbai - 400 025 ... Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
General Administration Department,
Madam Cama Marg, Hutatma Rajguru
Chowk, Mantralaya, Mumbai -400 032
2. The Shipping Corporation of India,
A Government of India Enterprises,
Through the General Manager ( P & A ),
Having its registered address at: Shipping
House, 245, Madam Cama Road,
Nariman Point, Mumbai - 400 021
3. The General Manager (FP),
(Corp A/c & Budget, Finance Controller )
Disciplinary Authority of the Shipping
Corporation of India, having office at:
Shipping House, 245, Madam Cama... Respondents
Road, Nariman Point, Mumbai - 400 021
WITH
WRIT PETITION NO. 1599 OF 2019
1. Leena Chogale,
Age: Adult, Occupation : Service,
Having her address at : 204/B,
Regalia CHS, Shiv Vallabh Road,
Opp- Ashokvan, Borivali (East),
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Mumbai - 400 066. ... Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
General Administration Department,
Madam Cama Marg, Hutatma Rajguru
Chowk, Mantralaya, Mumbai -400 032
2. The Shipping Corporation of India,
A Government of India Enterprises,
Through the General Manager ( P & A ),
Having its registered address at: Shipping
House, 245, Madam Cama Road,
Nariman Point, Mumbai - 400 021
3. The General Manager,
(B & T- BC-Comm & SVC),
Disciplinary Authority of the Shipping
Corporation of India, having office at:
Shipping House, 245, Madam Cama... Respondents
Road, Nariman Point, Mumbai - 400 021
WITH
WRIT PETITION NO. 1619 OF 2019
1. Supriya Vaskar,
Age: Adult, Occupation : Service,
Having her address at : K-304,
Shri Sai Usha Complex,
Khandelwal Marg, Near Ushanagar,
Bhandup (W), Mumbai- 400 078 ... Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
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General Administration Department,
Madam Cama Marg, Hutatma Rajguru
Chowk, Mantralaya, Mumbai -400 032.
2. The Shipping Corporation of India,
A Government of India Enterprises,
Through the General Manager ( P & A ),
Having its registered address at: Shipping
House, 245, Madam Cama Road,
Nariman Point, Mumbai - 400 021
3. The General Manager (CS & M),
Disciplinary Authority of the Shipping
Corporation of India, having office at:
Shipping House, 245, Madam Cama
Road, Nariman Point, Mumbai - 400021. ... Respondents
WITH
WRIT PETITION NO. 1621 OF 2019
1. Raj Koli,
Age: Adult, Occupation : Service,
Having his address at : 38/F,
Shriram Lane, Worli- Koliwada,
Mumbai - 400 030. ... Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
General Administration Department,
Madam Cama Marg, Hutatma Rajguru
Chowk, Mantralaya, Mumbai -400 032.
2. The Shipping Corporation of India,
A Government of India Enterprises,
Through the General Manager ( P & A ),
Having its registered address at: Shipping
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House, 245, Madam Cama Road,
Nariman Point, Mumbai - 400 021.
3. The General Manager (CS & M),
Disciplinary Authority of the Shipping
Corporation of India, having office at:
Shipping House, 245, Madam Cama
Road, Nariman Point, Mumbai - 400021. ... Respondents
WITH
WRIT PETITION NO. 1381 OF 2019
1. Dilip Visawadia ,
Age: Adult, Occupation : Service,
Having his address at : 5,
Ismail Rana Chawl, P.M.Road,
Vile Parle (East), Mumbai - 57 ... Petitioner
Versus
1. The State of Maharashtra,
Through Secretary,
General Administration Department,
Madam Cama Marg, Hutatma Rajguru
Chowk, Mantralaya, Mumbai -400 032.
2. The Shipping Corporation of India,
A Government of India Enterprises,
Through the General Manager
( P & A ), Having its registered address at:
Shipping House, 245, Madam Cama Road,
Nariman Point, Mumbai - 400 021.
3. The General Manager (OS & TS -F),
Disciplinary Authority of the Shipping
Corporation of India, having office at:
Shipping House, 245, Madam Cama Road,
Nariman Point, Mumbai - 400021. ... Respondents
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......
Mr.Rajeshwar G. Panchal with Mr.Sarang S. Gundajwar and
Mr.Vivekanand G. Panchal for the Petitioners in all Petitions.
Mr.Vikas Mali, AGP for Respondent No.1 in WP Nos. 1619 of 2019.
Ms.Ashwini A. Purav, AGP for Respondent No.1 in WP No. 1582 of
2019.
Ms.Nisha Mehra, AGP for Respondent No.1 in WP No. 1381 of
2019.
Ms.Reena Salunkhe, AGP for Respondent No.1 in WP No. 1599 of
2019.
Mr.S.H.Kankal, AGP for Respondent No.1 in WP No. 1595 of 2019.
Mr.Rahul Nerlekar for Respondent Nos. 2 and 3- the Corporation in
all Petitions.
......
CORAM: NITIN JAMDAR, AND
M.M. SATHAYE, J.J.
DATE: 18 July 2024.
JUDGMENT (Per: Nitin Jamdar, J.)
The Petitioners are working with Respondent No. 2- the Shipping Corporation of India. The Petitioners have filed these Petitions to quash and set aside the chargesheets issued to the Petitioners by their employer, the Corporation.
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2. On 13 September 2005, Respondent No.2- the Corporation issued a Circular stating that in accordance with the Government requirements, public sector units have to provide information on the number of employees belonging to minority communities as well as those who belong to SC/ST/OBC. Pursuant to the said Circular, Respondent No.2- the Corporation called upon the Petitioners to furnish details of the religion and caste. Notice was issued to the Petitioners to submit the documents to verify their caste certificates.
3. On 3 October 2012, the All India President of Ship India SC/ST Employee's Welfare Association (Welfare Association) wrote a letter to the Director (P & A) of Respondent No.2- the Corporation informing that the documents have been mismanaged by the H.R. Department of Respondent No.2- the Corporation.
4. The Petitioners were appointed in the services of the Respondent No.2 - Corporation on various posts viz. Watchman- cum-fireman, Trainee Steno Typist, Junior Technical Assistant- 1(Mechanical), Junior Technical Assistant. They were called upon to submit caste certificates for verification. They did not submit the same. Several reminders were sent to them. Ultimately, show-cause notice came to be issued alongwith Memorandum of Charges. The facts in all these Petitions in this regard are similar. For the sake of convenience, the dates and the letters in the case of Dawlat H. Koli ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 8 j-wp-1582-2019 group.doc in Writ Petition No.1582/2019 are reproduced.
5. On 8 October 2012, the Petitioner was called upon by Respondent No.2- the Corporation to submit the caste certificate and all relevant documents for verification by 15 October 2012. The Petitioner did not submit any document. Again, on 1 April 2014, Respondent No.2- the Corporation sent a reminder to the Petitioner to submit the caste certificate and the documents for verification by 15 April 2014. The Petitioner was given another opportunity to submit the caste certificate and the documents for verification by 18 June 2014. On 5 July 2016, Respondent No.2- the Corporation wrote a letter to the Petitioner which reads thus :
"P&A/4275/609 5th July, 2016
To,
Mr. KOLI D.H.,
S-V,
E.C. No. 4275,
P&A Division.
Dear Sir,
Re: Caste Certificate Verification
This has reference to the reminder letters sent to you on 23.12.2014, 04.06.2014, 01.04.2014, 08.10.2012 and 14.08.2012, requesting you to submit your caste certificate and relevant documents for the purpose of verification, which you have failed to comply despite the aforesaid requests.
You may be informed that, as per the Maharashtra ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 9 j-wp-1582-2019 group.doc Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (regulation of issuance and Verification of) Caste Certificate Act, 2000, it is mandatory for the appointing authority to send the Caste Certificate along with supporting documents of its employees to the Scrutiny Committee for verification.
Also, O.M. No. 36011/3/2005- Estt. (Res) requires the appointing authority to verify the caste status of a Scheduled Caste/ Scheduled Tribe/ Other Backward Class candidate.
In view of the above mentioned provisions of law, it is mandatory for SCI to refer the caste certificates of all SC/ ST/ OBC employees of the Corporation along with the supporting documents to Scrutiny Committee for verification, failure of which will be the violation of law laid down in above mentioned Act.
You are therefore requested to submit your caste certificate along with the relevant documents by 15.07.2016, failing which disciplinary action as deemed fit will be initiated against you.
This letter is issued with the instructions of the Competent Authority.
Thanking you, Yours faithfully, For THE SHIPPING CORPORATION OF INDIA LTD.
Sd/-
SOMA TANDON
General Manager
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Cc: SC/ST Association
CC:Liaison Officer for SC/ST members
Cc: E.A. to CMD pl.
Cc: E.A. to D (P&A) pl".
In spite of this communication, the Petitioner did not submit any documents or the caste certificate.
6. On 19 November 2018, the disciplinary authority of Respondent No.2- the Corporation issued a Memorandum to the Petitioner annexing the Statement of Articles of Charge and Imputation of Misconduct, which reads thus :
"Ref no___ 19.11.2018
Mr. Daulat H. Koli, S-V
EC No. - 4275,
Sub: MEMORANDUM
This has reference to our letters sent to you on 06.04.2017, 05.07.2016, 23.12.2014, 04.06.2014, 01.04.2014, 08.10.2012 and 14.08.2012 asking you to show cause as to why disciplinary action should not be initiated against you for not submitting an original caste certificate along with the prescribed 'E' & 'F' form and documents specified in the form, for verifying your caste. Thus, it indicates that you have obtained employment by producing false caste certificates against seat reserved for SC/ST Category.
2. Your reply dated 15.07.2016 and 14.04.2017 has been perused and is not found tenable. Accordingly, an inquiry is hereby instituted against you under Rule No. ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 11 j-wp-1582-2019 group.doc 17 of the Services rules for shore staff other than officers of the company to inquire into the subject matter.
3. The substance of the imputation of misconduct in respect of which the inquiry is proposed to be held is set out in the enclosed statement of Articles of Charges which is placed at Annexure-I. A Statement of the Imputation of Misconduct in support of the Articles of Charges is placed at Annexure -II.
4. A list of documents and a list of witness through which Articles of charges are proposed to be sustained are placed at Annexure -III & IV.
5. You are advised that the inquiry will be held only if the Articles of charges are not admitted by you. You should, therefore, specifically and categorically either admit or deny the articles of charges which are placed at Annexure -I referred above. In case you admit articles of charges partially or deny the same partially, inquiry will be conducted only in respect of charges which are denied by you.
6. You are further advised to submit within 15 days of receipt of this letter your detailed written explanation as to why a proposed inquiry into the charges leveled against you should not be conducted. In case you fail and or neglect to submit your detailed explanation within the stipulated time limit, it is presumed that you have no explanation to offer and have denied the charges set out herein.
7. A receipt of this charge sheet may please be acknowledged by signing on the duplicate copy of the charge sheet enclosed herewith.
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Sd/-
Philip Mathews
General Manager (FP), Disciplinary Authority Encl: As above.
CC: CVO, SCI ANNEXURE -I STATEMENT OF ARTICLES OF CHARGE Charge No. 1 Shri Daulat H. Koli, S-V, E.C. No. 4275, had applied for and obtained appointment to the post of Watchman in SCI reserved for Schedule Tribe candidate, through recruitment process. As per Central Govt. Directive/ Office Memorandum dated 09.09.2005, verification of caste status of S.C., S.T. and OBC class employees are to be done. For verification process of caste, Shri Daulat H. Koli has not deliberately submitted demanded original caste certificate and other relevant documents viz.duly filled -in Form-E & Form-F despite several requests/ directives made by SCI Management from 14.08.2012 to 06.04.2017. Shri Daulat H. Koli has not deliberately submitted demanded documents for verification of his claimed caste of Schedule Tribe category and consciously not co-operated with the verification process in order to avoid caste certificate verification.
Thereby, it leads to the clear conclusion that Shri Daulat H. Koli has obtained employment in SCI by virtue of bogus caste certificate produced at the time of his recruitment in SCI against the seat reserved for S.T. category.
Thus, Shri Daulat H. Koli claimed and secured a job meant for Scheduled Tribe candidate by producing copy of bogus caste certificate of Scheduled Tribe.
::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 :::Trupti 13 j-wp-1582-2019 group.doc By the above act, Shri Daulat H. Koli, S-V, E.C. No. 4275, has contravened below mentioned rules of the Services rules for shore staff other than officers:
Rule No. 17 (1) (ii) (a) & (b) ANNEXURE -II IMPUTATION OF MISCONDUCT Imputation for Charge No.1 Shri Daulat H. Koli, S-V, E.C. No. 4275, was initially appointed as Watchman on 05.09.1994 during recruitment process against a vacancy reserved for Scheduled Tribe (S.T.) candidates. At the time of joining, Shri Daulat H. Koli has submitted a copy of the caste certificate dated 07.03.1985 stating that he belongs to the 'Mahadeo Koli' caste of Scheduled Tribe (S.T.) of Maharashtra State.
Shri Daulat H. Koli was informed that as per DOPT's O.M. No. 36011/3/2005-Estt. (Res) dated 09.09.2005 and The Maharashtra Scheduled Caste, Scheduled Tribes, De- notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of ) Caste Certificate Act, 2000, the appointing authority is required to verify the caste status of a Schedule Caste/ Scheduled Tribe/ Other Backward Class candidates. Also, it is mandatory for the appointing authority to send the Caste Certificate along with supporting documents of its employees to the Scrutiny Committee for verification.
In order to comply with DOPT's O.M. No. 36011/3/2005- Estt.(Res) dated 09.09.2005, SCI had started the caste certificate verification process. In this regard, a letter was sent to Shri Daulat H. Koli on 14.08.2012 directing him to submit the original caste certificate and other relevant ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 14 j-wp-1582-2019 group.doc documents, viz. duly filled-in and signed Form-E and Form
-F for the purpose of verification, which Shri Daulat H. Koli has deliberately failed to comply. Subsequently, several reminders were given to Shri Daulat H. Koli vide letters dated 08.10.2012, 01.04.2014, 04.06.2014, 23.12.2014, 05.07.2016 and 06.04.2017 for submission of his original caste certificate and other relevant documents viz. Form -E and Form -F for the purpose of verification, which Shri Daulat H. Koli repeatedly failed to comply. Despite several correspondences and reminders issued to Shri Daulat H. Koli, till date he has not deliberately submitted the original caste certificate as aforesaid and other relevant documents viz. Form -E and Form -F. Shri Daulat H. Koli has not deliberately submitted demanded documents for verification of his claimed caste of Schedule Tribe category and consciously not co-operated with the verification process in order to avoid caste certificate verification. Thereby, it leads to the clear conclusion that Shri Daulat H. Koli has obtained employment in SCI by virtue of copy of bogus caste certificate produced at the time of his recruitment in SCI against the seat reserved for S.T. category.
Thus, Shri Daulat H. Koli claimed and secured a job meant for Scheduled Tribe candidate by producing copy of bogus caste certificate of Scheduled Tribe.
By above act, Shri Daulat H. Koli, S-V, E.C. No. 4275 has contravened below mentioned rules of the Services rules for shore staff other than officers:
Rule No. 17 (1) (ii)(a) Insubordination or disobedience of lawful orders of a superior officer.
(b) Theft, fraud or dishonesty in connection with the Company's business or property.
ANNEXURE -III ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 15 j-wp-1582-2019 group.doc LIST OF DOCUMENTS
1. Copy of application form dated 07.09.1994 submitted for "Appointment By Selection (Non-OfficerCadre)" submitted to SCI by Shri Daulat H. Koli.
2. Copy of Attestation Form dated 07.09.1994 submitted by Shri Daulat H. Koli.
3. Copy of Letter dated 24.05.2001 from Shri Daulat H. Koli.
4. Copy of Caste Certificate dated 07.03.1985 submitted by Shri Daulat H. Koli at the time of appointment.
5. DOPT's O.M. No. 36011/3/2005- Estt. (Res.) dated 09.09.2005.
6. P&A Division's letter dated 14.08.2012.
7. P&A Division's letter dated 08.10.2012
8. P&A Division's Reminder letter dated 01.04.2014
9. P&A Division's letter dated 04.06.2014
10. P&A Division's letter dated 23.12.2014
11. P&A Division's reminder letter dated 05.07.2016
12. P&A Division's Reminder letter dated 06.04.2017 ANNEXURE -IV LIST OF WITNESSES
1. Smt. Soma Tandon, CM, EC No. 4117
2. Shri Sunil Pawar, SM, EC No. 1926
3. Smt. Carmelina Pinto, CM, EC No. 1702
4. Smt. Sashikala Charles, DGM, EC No. 1811".
Challenging this issuance of Memorandum, the Petitioners filed the present Petitions.
7. When the Petitions came up before the Court on 5 February 2019, it was adjourned at the request of learned Counsel for ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 16 j-wp-1582-2019 group.doc Respondent Nos. 2 and 3- the Corporation. By ad-interim order, the Respondents were directed to maintain status quo. This ad-interim order has been continued as the Petitions did not reach a hearing till 3 May 2024. When the Petitions were moved by Respondent No.2- the Corporation for vacating the ad-interim order on 3 May 2024, the following order was passed:
"1. These Petitions are moved by the Respondent No. 2 on praecipe for vacating the ad-interim order dated 5 February 2019. By ad-interim order dated 5 February 2019, the Respondents are directed to maintain the status quo as regards the employment of the Petitioners. This order was passed at the first hearing and the parties had not filed their pleadings.
2. The case of the Respondent-Employer is that the Petitioners have not been cooperating with the Respondent-Employer in submitting necessary documents for referring their caste claim to the Respondent- Scrutiny Committee as they were appointed with the Respondent- Employer in the reserved category and it is incumbent on the employer also to refer the caste claim for verification.
3. The Supreme Court in case of Chairman and Managing Director, Food Corporation of India and Others vs. Jagdish Balaram Bahira and Others has held that person holding a public post from the reserve category must unquestionably belong to such category otherwise permitting such a person to occupy the post would be a fraud on the Constitution.::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 :::
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4. The Petitioners are relying on the Government Resolution issued by the State of Maharashtra dated 5 June 2018. By this Government Resolution, the State of Maharashtra has constituted a Committee to examine the implication of the decision of the Hon'ble Supreme Court in case of Chairman and Managing Director, Food Corporation of India (supra) and had stated that till the Committee submits the final recommendations, services of the employees whose caste claims are invalidated should not be dispensed with.
5. Learned Counsel for the Respondent-Employer points out that this Government Resolution is applicable to the State of Maharashtra services and not to the Respondent-Employer, a Central Government Agency. Even otherwise, this Government Resolution dated 5 June 2018 is in respect of those candidates whose caste certificates are invalidated.
6. In the case at hand, the misconduct alleged by the Respondent-Employer is non-cooperation in submitting the documents for verification. Therefore, the prima facie factual situation is different than the one contemplated in the Government Resolution dated 5 June 2018.
7. We could have proceeded to pass the order today itself. However, a request is made on behalf of Advocate for the Petitioners for adjournment. Stand over to 24 June 2024.
8. We modify the ad-interim order and permit the Respondent- Employer to proceed to pass the final order, however, the effect of the final order would be given after obtaining leave from this Court".
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8. We have heard Mr. Rajeshwar Panchal, the learned Counsel for the Petitioners, the learned AGPs in all the matters and Mr. Rahul Nerlekar, the learned Counsel for Respondent Nos. 2 and 3- Corporation.
9. The learned Counsel for the Petitioners sought to contend that the Petitioners were never appointed from the reserved category and, therefore, there is no question of submitting the caste certificates. There is no merit in the contention as it is not a case of the Petitioners anywhere in the Petitions that the Petitioners were never appointed from the reserved category.
10. On the other hand, the Petitioners' case is made out based on the representation /recommendation of the Welfare Association that verification of the caste certificate should not be resorted to after a long period of time and the caste certificates of some of the employees were already submitted. The representation/ recommendation of the Welfare Association was not on behalf of any individual employee, and the case of the individual employee depends on the facts of each case. If the Petitioners have never been appointed from the reserved category, then the Petitioners would have responded to these communications by stating the said fact. There is no merit in the contention of the Petitioners.
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11. The Petitioners have relied on the Government Resolution dated 5 June 2018 issued by the State of Maharashtra. It is pointed out by the learned Counsel for Respondent Nos. 2 and 3- the Corporation that the said Government Resolution is applicable to the State of Maharashtra and associated services and not to Respondent No.2- the Corporation, a Central Government Agency. Even otherwise, the Government Resolution dated 5 June 2018 is in respect of those candidates whose caste certificates are invalidated. The learned Counsel for Respondent Nos. 2 and 3- the Corporation has rightly relied on the decision of the Hon'ble Supreme Court in the case of Chairman & Managing Director, Food Corporation of India V/s. Jagdish Balaram Bahira & Ors1. The Hon'ble Supreme Court, in the said decision, observed:
"16. The 2000 Act being a legislative Act would prevail over any government resolution. A government resolution may be beneficent in nature but it is well settled that a benefit under a government resolution cannot be extended to a person who does not satisfy the conditions precedent thereof. In any event, the effect of the judgment of this Court as also the provisions of a statute in the light of the constitutional provisions contained in Articles 341 and 342 of the Constitution of India cannot be diluted by reason of a government resolution or otherwise."
"53 Administrative circulars and government resolutions are subservient to legislative mandate 1 (2017) 8 SCC 670 ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 20 j-wp-1582-2019 group.doc and cannot be contrary either to constitutional norms or statutory principles. Where a candidate has obtained an appointment to a post on the solemn basis that he or she belongs to a designated caste, tribe or class for whom the post is meant and it is found upon verification by the Scrutiny Committee that the claim is false, the services of such an individual cannot be protected by taking recourse to administrative circulars or resolutions. Protection of claims of a usurper is an act of deviance to the constitutional scheme as well as to statutory mandate. No government resolution or circular can override constitutional or statutory norms. The principle that government is bound by its own circulars is well-settled but it cannot apply in a situation such as present. Protecting the services of a candidate who is found not to belong to the community or tribe for whom the reservation is intended substantially encroaches upon legal rights of genuine members of the reserved communities whose just entitlements are negated by the grant of a seat to an ineligible person. In such a situation where the rights of genuine members of reserved groups or communities are liable to be affected detrimentally, government circulars or resolutions cannot operate to their detriment".
12. The Petitioners have secured the caste certificates in the State of Maharashtra. The verification of the caste certificate is governed by the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes(Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (the Act of 2000). Those occupying public posts in the reserved category based on the caste certificates ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 21 j-wp-1582-2019 group.doc have to get the same verified from the caste verification scrutiny committee established under the Act of 2000 and possess a validity certificate. This is the mandate under which Respondent Nos. 2 and 3- the Corporation were calling upon the Petitioners to get their caste certificates verified.
13. Respondent Nos. 2 and 3, the Corporation, a public body, have a duty to ensure that the posts reserved for candidates belonging to the backward class are filled by genuine candidates and not by individuals who do not belong to the backward class using fraudulent means. Therefore, it was necessary for Respondent Nos. 2 and 3, the Corporation, to ask the Petitioners to submit their caste certificates for verification.
14. Apart from the fact that as to whether the Petitioners did belong to the backward class, the misconduct attributed to the Petitioners is of ignoring various directives issued by Respondent Nos. 2 and 3- the Corporation for verification of the caste certificates. There is no response by the Petitioners to any of the communications. The Petitioners simply ignored the repeated directions of submitting the caste certificate for the purpose of verification. Ultimately, therefore, the Memorandum had to be issued, drawing the inference that the Petitioners were avoiding verification. The Division Bench of this Court, Bench at Nagpur, in the case of All Indian Adivasi Employees Federation & Anr. Versus ::: Uploaded on - 19/07/2024 ::: Downloaded on - 27/07/2024 14:38:58 ::: Trupti 22 j-wp-1582-2019 group.doc The Reserve Bank of India & Ors2 observed thus:
"60. Thus, the Respondents before us are the persons who have consciously avoided "verification"
and therefore there is no finality to their caste certificate and caste claim. There caste certificate therefore is deemed to be canceled and benefits released to them i.e. undue treatment as reserved employees from day one are liable to be withdrawn as fraudulent. Grant of employment to them being itself found to be a fraud, it can not be perpetrated or allowed to be accomplished by permitting them to continue even as open category employees. Treating them or counting them in open category may itself seen as adding or furthering their dishonest intention entertained on the date of staking claim as reserved candidate".
Therefore, if the Petitioners' continuous refusal led to the issuance of the Memorandum by Respondent Nos. 2 and 3 (the Corporation), then we find no illegality in the same.
15. The learned Counsel for the Petitioners then relied upon the representation/recommendation of the Welfare Association to contend that representation/recommendation of the Welfare Association would assist the Petitioners whereby limitation for verification of the caste certificate should be provided. As of today, this remains the only recommendation. We have not been informed that they have statutorily engrafted.
2 Writ Petition No. 1562 of 2004 with connected Petitions dated 13 April 2018.
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16. Furthermore, the law regarding interference at the stage of issuance of Memorandum and Articles of Charge to stay the disciplinary inquiry itself is limited. The Petitioners' version will be considered in the inquiry. We are informed that the inquiry was conducted, and the Petitioners have submitted their say. This is one more reason now the disciplinary inquiry will have to be taken in its logical end. We have not been shown any statutory provision or judicial pronouncement under which the Memorandum issued by Respondent No.2- the Corporation can be considered illegal and bad in law.
17. Respondent No.2-the Corporation has taken action under its duty to ensure that the posts reserved for backward class candidates are not to be taken by fraudulent candidates by depriving the genuine candidates of the backward class. We find no merit in these Petitions. It will be open to the Petitioners to challenge the outcome of the disciplinary inquiry on the grounds that may be available in law. Our observations in this order are in the context of interference in writ jurisdiction at the stage of whether the disciplinary inquiry needs to be quashed.
18. Writ Petitions are rejected with the above observations.
(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)
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