Karnataka High Court
Geethanjali vs The Canara Bank on 9 November, 2012
Author: Subhash B.Adi
Bench: Subhash B Adi
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 09TH DAY OF NOVEMBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION No.46548/2004 (S-DIS)
BETWEEN :
SMT GEETHANJALI,
AGED ABOUT 36 YEARS,
D/O SRI K YADAVA SHEREGAR,
CLERK/TYPIST
(UNDER ORDERS OF REMOVAL FROM SERVICE)
CANARA BANK P.G. EXTENSION ,
BHARAMASAGARA BRANCH,
DAVANAGERE DISTRICT,
R/O DAVANAGERE. ...PETITIONER
(BY SRI S.B MUKKANNAPA, ADV. FOR M/S S.B. MUKKANNAPPA
AND ASSOCIATES, ADVs)
AND
1 THE CANARA BANK,
(A GOVERNMENT OF INDIA UNDERTAKING)
HEAD OFFICE,
J.C. ROAD, BANGALORE 560 02
REPRESENTED BY ITS
GENERAL MANAGER.
2 THE DEPUTY GENERAL MANAGER,
CANRA BANK,
DISCIPLINARY ACTION CELL,
CIRCLE OFFICE, SPENCER TOWERS,
NO 86, M.G. ROAD
2
BANGALORE 560 001.
3 THE DISTRICT LEVEL SCHEDULED CASTE AND
SCHEDULED TRIBE CAST VERIFICATION
COMMITTEE,
UDUPI DISTRICT, UDUPI
REP RESENTED BY THE DISTRICT SOCIAL WELFARE
OFFICERM, UDUPI AND MEMBER SECRETARY.
4 THE COMMISSIONER AND THE APPELLATE AUTHORITY,
SOCIAL WELFARE DEPARTMENT,
5TH FLOOR M.S. BUILDING,
VIDHANA VEEDHI,
BANGALORE 560 001. ...RESPONDENTS
(BY SRI D.L.N. RAO, SENIOR COUNSEL AND
Ms. PALLAVI BARUAH, ADV. FOR R1 AND R2;
SRI C.JAGADEESH, SPECIAL GOVT. ADV. FOR R3 AND R4)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND R2
TO RESTORE THE PETITIONER, INTO THE ACTIVE-SERVICES OF
THE FIRST RESPONDENT-BANK, MAKING AVAILABLE TO HER ALL
THE CONSEQUENTIAL SERVICE-BENEFITS, INCLUDING THE
MONETARY-BENEFITS FLOWING THEREFROM, ETC.
THIS WRIT PETITION COMNG ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has sought for quashing of an order passed by the Udupi District Caste Verification Committee dated 31.12.2003 produced at Annexure-B; an order of termination dated 27.05.2004 3 produced at Annexure-C and Annexure-D, an order of the Deputy General Manager of the Canara Bank dispensing the disciplinary enquiry against the petitioner, in view of the report of Caste Verification Committee.
2. Brief facts leading to this case are that:
The petitioner was appointed as a clerk in respondent No.1 - Bank. She got an appointment on the basis that, she belongs to "Maila" community (Schedule Caste). However, on verification, it was noticed by the Bank that the school certificate of the petitioner shows that, she belongs to "Devadiga" community, which is B.C.M. In view of the same, a compliant was filed against the petitioner and it culminated in proceedings in C.C.No.1760/1993, however, by judgment dated 12.01.2001, she was acquitted from the criminal charges. The Bank had referred the certificate produced by the petitioner to the District Caste Verification Committee. The District Caste Verification Committee by the impugned order dated 31.12.2003 produced at Annexure-B, held 4 that the petitioner does not belong to Scheduled Caste (Maila) and further held that, she belongs to Devadiga B.C.M. Though the disciplinary enquiry was initiated against the petitioner on the ground of petitioner secured appointment on the basis of false Caste Certificate, however, in view of the order of the District Caste Verification Committee, the order of termination came to be passed by order dated 27.05.2004. It is against these two orders, the petitioner is before this Court.
3. Sri Mukkannappa, learned Counsel appearing for the petitioner contended that, the District Caste Verification Committee has no jurisdiction to enquire into the caste certificate issued prior to the Rules came into force, the Deputy General Manager of the Bank has no power to pass an order of dismissal, further the petitioner had no proper opportunity before the District Caste Verification Committee and the proceedings of the District Caste Verification Committee are vitiated as same is contrary to Rule 7 of the Karnataka Scheduled Castes, Scheduled Tribes and Other 5 Backward Classes (Reservation of Appointments, etc.) Rules, 1992 ("Rules" for short) and further, the petitioner has been acquitted in the criminal case, in view of the order of acquittal, the impugned order suffers from illegality.
4. However, Sri Mukkannappa did not dispute that, as far as the competency of the District Caste Verification Committee to verify the caste is concerned, the matter is covered by the decision of the Division Bench0 of this Court dated 16.07.2012. He also did not dispute that, the Deputy General Manager has power to pass an order of termination. However, he confined his contention only as regard to the grant of proper opportunity before the Caste Verification Committee. He relied on the order passed by the Caste Verification Committee and submitted that, the Caste Verification Committee has observed that, the petitioner has not disputed that she belongs to Devadiga community. He submitted that, no statement of the petitioner has been recorded. Even otherwise, what is admitted by the petitioner is that, the School Leaving 6 Certificate shows that she belongs to Devadiga community, but she has not admitted that, she does not belong to Maila Community, the petitioner had no opportunity before the Caste Verification Committee to substantiate her case. In this regard, he also relied on a reply given to the Bank dated 27.08.1991 as per Annexure-M, wherein the petitioner had produced certain documents to justify that, she belongs to Maila Community and she had not suppressed any material in securing the appointment.
5. Learned Counsel also contended that, the petitioner's father also secured job in the very same Bank on the basis of the caste certificate showing that he belongs to Maila Community and as such, if a proper opportunity had been given before the Caste Verification Committee, petitioner could have substantiated her case, but for the same, the Caste Verification Committee has held that she does not belong to the Maila caste.
6. As far as the result of the acquittal, learned Counsel 7 submitted that, though she has been acquitted, but he did not dispute that, even in case of acquittal, it does not bar the Caste Verification Committee or the Bank to hold an enquiry or disciplinary enquiry.
7. Sri.D.L.N.Rao, learned Senior Counsel appearing for the Bank submitted that, the contentions now raised are not supported by the pleadings or any material. He submitted that, there is nothing on record to show that the petitioner's father did belong to Maila Community or he had secured job as belonging to Maila Community. The oral submission is sought to be made for the first time that too only at the stage of final hearing, though the writ petition is pending from 2004, no single document is produced. He also submitted that, petitioner even now is not disputing that her caste is shown as "Devadiga" in the School Leaving Certificate. He submitted that, the Caste Verification Committee apart from holding on enquiry has also considered the report submitted by the Social Welfare Department and the Social Welfare Department had 8 made a local enquiry in compliance with Rule 7 of the Rules and it is based on the same, the Caste Verification Committee has given the findings. Once the Caste Verification Committee gives a finding, that becomes final and there is no other reason to interfere with the same.
8. It is not in dispute that, the petitioner had secured job on the basis of the Caste Certificate showing that, she belongs to Scheduled Caste (Maila). It is also not in dispute that, the said certificate was referred to the District Caste Verification Committee. The impugned order at Annexure-B discloses that, the District Caste Verification Committee had referred the matter to the Social Welfare Department and the Social Welfare Department Officer made a local inspection and enquiry and during the course of the local inspection and enquiry, he had recorded the statements of the neighbours and collected relevant information. At the same time, the said Officer had also made an enquiry with the petitioner. Petitioner had not disputed that, she has been shown as belonging 9 to "Devadiga" Community.
9. Rule 7 of the Rules requires that the District Caste Verification Committee should hold an enquiry. From the records it is clear that, the District Caste Verification Committee has held an enquiry and has also relied on the report and materials. Apart form this, even till today, nothing to the contrary has been produced by the petitioner to show that, she belongs to Maila community. When the records are clear, when the order of the District Caste Verification Committee does not suffer from any illegality or irregularity, being finding of fact, this Court cannot sit in appeal on the question of fact. Apart from this, contention though raised by the the petitioner that the petitioner's father belongs to Maila Community, even today nothing is produced to show that he belongs to Maila community.
10. Hence, I find no ground to interfere with the impugned orders passed by the District Caste Verification Committee nor 10 there is any reason to interfere with the order passed by the Deputy General Manager of the Bank.
Accordingly, the Writ Petition fails and same is dismissed.
Sd/-
JUDGE KNM/DP