Karnataka High Court
Santosh S/O Basavaraj Raval vs The State Of Karnataka on 8 January, 2019
Author: H.P.Sandesh
Bench: H.P. Sandesh
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2019
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.101803/2014
BETWEEN:
SRI.SANTOSH S/O BASAVARAJ RAVAL,
AGED ABOUT 25 YEARS,
OCC: SORTING ASST.,
HRO, RMS, HUBLI DIVISION, HUBLI,
R/O.SUREBAN VILLAGE,
TQ: RAMDURG, DIST: BELGAUM.
...PETITIONER
(BY SRI.RAMACHANDRA A MALI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REP.BY RAMDURG POLICE,
DIST: BELGAUM, NOW REP.BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...RESPONDENT
(BY SRI.,PRAVEEN K UPPAR, HCGP)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C.
SEEKING TO QUASH THE COMPLAINT AND FIR DTD. 1.10.2014
REGISTERED IN RAMDURG P.S. CRIME NO.181/2014
REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC.196,
198, 420 OF IPC R/W SEC.3(1)(IX) OF SC/ST ACT 1989 AS SAME
BEING TOTALLY ARBITRARY, ILLEGAL AND NOT SUSTAINABLE
IN LAW.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the petitioner's counsel and also the learned HCGP for the respondent-State.
2. This petitioner in this petition invoking Section 482 of Cr.P.C. has sought an order to quash the complaint and FIR dated 01.10.2014 registered by the Ramdurg P.S. in Crime No.181/2014 for the offences punishable under Sections 196, 198 and 420 of IPC read with Section 3(1)(ix) of SC/ST Act, 1989 as the same being totally arbitrary, illegal and not sustainable in law.
3. The factual matrix of the case is that the petitioner is the permanent resident of Sureban village in Ramdurg Taluk of Belgaum District and he belongs to Raval Bhil caste which has been notified under the Schedule Tribe category under the Constitution (Schedule Castes) Order 1950 promulgated by the 3 Hon'ble President of India exercising Article 342 of the Constitution of India. At present the petitioner is working as Sorting Assistant at HRO, RMS, Hubballi Division, Hubli in the Department of Posts.
4. It is the case of the petitioner that he belongs to Raval Bhil caste and accordingly, the petitioner was issued with Raval Bhil Schedule Tribe caste certificate initially on 04.08.2000 by the Tahasildar Ramdurg and thereafter identical caste certificate was issued during the year 2006, 2009 and 2012. Under the said circumstances, during the year 2010, the petitioner being eligible and qualified got selected and appointed as Sorting Assistant in the Department of Posts and he has been appointed under the Schedule Tribe category. However, in view of the merit, the petitioner was selected and appointed as Sorting Assistant under the General Merit category and not under the reserved category and accordingly the petitioner was appointed 4 as Sorting Assistant in the Department of Posts with effect from 19.05.2010. The petitioner has produced his caste certificate while applying for the job and based on the said certificate, the Deputy Superintendent of Police has conducted an enquiry and the investigation behind his back and without issuing him any notice and came to a conclusion that he belongs to category-I and he does not belongs to Raval Bhil Schedule Tribe category and hence proceedings has been held that he does not belongs to Schedule Tribe category and has cancelled the Schedule Tribe caste certificate. In pursuance of the declaration by the committee, the Tahasildar, Ramdurg cancelled the Schedule Tribe caste certificate and thereafter a case has been registered against this petitioner for the offences alleged against him.
5. The main contention of the petitioner in the petition is that he was selected under the General Merit category and not selected based on the Schedule Tribe 5 caste certificate and as such the petitioner has not availed any benefit based on the caste certificate and the caste certificate is also issued by the Tahasildar considering the order of 1950 promulgated by the Hon'ble President of India which was exercised under Article 342 of the Constitution of India and the petitioner has not indulged in creating of any document and not got any benefit under the certificate as far as his employment is concerned and hence, initiation of proceedings against him is arbitrary.
6. The petitioner's counsel in support of his argument has also produced Annexure-C before this Court which shows that he was appointed under the General Merit category at Sl.No.1 and however in the community column it is mentioned as Schedule Tribe community since he has produced the Schedule Tribe certificate issued by the Tahasildar and contends that if the petitioner has availed the benefit of Schedule Tribe 6 category while getting his appointment, then there would have been force in the contention of the respondent and he was selected under the category of General Merit and hence there is no any intention or fraud on the part of the petitioner and hence prayed this Court to quash the proceedings initiated against him.
7. Per contra, the learned HCGP in his argument contends that he has produced the Schedule Tribe certificate before the Appointing Authority and an enquiry is conducted and the Caste Determination Committee also verified that he does not belongs to Schedule Tribe category and by producing Schedule Tribe certificate he made an attempt to get employment under the said category and even if he is not appointed under the benefit of the said certificate, the very intention of the petitioner has to be gathered and hence there are material to proceed against the petitioner and hence the same cannot be quashed.
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8. After having heard the arguments of the petitioner's counsel and also the learned HCGP, the point that arises for my consideration is whether this Court can exercise powers under Section 482 of Cr.P.C. to quash the proceedings.
9. Admittedly, there is no dispute with regard to the fact that the petitioner has applied for the appointment in the Postal Department and also claimed Schedule Tribe category, but he was selected under the General Merit category. The petitioner's counsel in support of his argument has also relied upon a judgment of this Court in Crl.Pet.No.8028/2009 and in paragraph No.3 of the said judgment it is observed that the Government has made it clear that the appointments made in respect of persons belonging to Pariwara and other communities named therein, shall not be disturbed and such appointments shall be treated as appointments made under the General Merit 8 category, the petitioner would be contended to continue as a General Merit quota candidate. Further observed that in view of the Government Order dated 11.03.2002, if the petitioner is not claiming the benefits of ST community this Court may pass an order in terms of the order dated 14.10.2009 passed in Crl.Pet.No.7739/2009. Observing the same and the employment is continued only as a General Merit candidate, this Court can exercise powers under Section 482 of Cr.P.C. The counsel has also relied upon a judgment passed in Crl.Pet.No.10159/2011 and also another judgment in Crl.Pet.No.11384/2011, wherein it is observed that no dispute with regard to the fact that the petitioner has obtained the caste certificate from the Competent Authority in the year 1972 and further observed that the petitioner appears to have not availed any benefit out of the caste certificate and hence allowed the petition and quashed the proceedings. 9
10. For having taken note of the observations made by this Court in the criminal petitions referred above and also the Annexure-C which has been produced before this Court which shows that he was appointed under the General Merit category and the petitioner has not availed benefit of employment of the job under the Schedule Tribe certificate and it is the fact that regarding the caste determination it has not been reached its finality since the matter is pending and the matter has been remanded back to the community and there is no any final report and having considered the said fact into consideration and also the petitioner also not availed benefit of Schedule Tribe category and he was appointed in the General Merit category and continued in the same category and he claimed the category based on the certificate issued by the Tahasildar and hence, I am of the opinion that this Court can exercise powers under Section 482 of Cr.P.C. 10 to quash the proceedings initiated against the petitioner.
11. In view of the discussions made above, I proceed to pass the following:
ORDER The petition is allowed.
Initiation of proceedings against the petitioner for the offences punishable under Sections 196, 198 and 420 of IPC read with Section 3(1)(ix) of SC/ST Act, 1989 are quashed.
Sd/-
JUDGE Sh