Karnataka High Court
Sri.Mallappa S/O Tulajappa vs The State Of Karnataka & Ors on 22 August, 2017
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF AUGUST 2017
PRESENT
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
AND
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
WRIT PETITION NO.201068/2017 (S-KAT)
Between:
Mallappa S/o Tulajappa
Aged about 57 years
Occ: Civil Head Constable
Badge No.532
Chincholi Police Station
(on Deputation)
R/o Chincholi, Dist. Kalaburagi
... Petitioner
(By Sri I.R.Biradar and
Sri L.T.Pujari, Advocates)
And:
1. The State of Karnataka
by its Secretary
Department of Home
M.S.Building, Bangalore-1
2. The Superintendent of Police
Kalaburagi
2
Dist. Kalaburagi - 585 102
3. The President
Caste Verification Committee &
District Level Verification Committee
Kalaburagi, Dist. Kalaburagi - 585 102
... Respondents
(By Sri R.V.Nadagouda, AAG)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue a writ of certiorari
and to quash the order dated 25.11.2016 passed by the
Karnataka State Administrative Tribunal at Bangalore, in
Application No.3386/2008, produced at Annexure-A, by
allowing the said application.
This petition coming on for Preliminary Hearing, this day,
K.N.PHANEENDRA J., made the following:
ORDER
The petitioner has approached this Court calling in question the order passed by the Karnataka State Administrative Tribunal, Bangalore, in Application No.3386/2008 dated 25.11.2016 in dismissing the application as devoid of merits mainly relying upon the Government Order dated 11.03.2002 issued by the Government of Karnataka.
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2. Brief factual aspects of the case are that, the petitioner was appointed as Police Constable on 03.04.1994 and joined duty by providing caste certificate as he belonged to Gonda community. The Tahsildar issued a caste certificate dated 13.05.1994 certifying that the petitioner belongs to Gonda community/sub-caste. He served for twelve years in the department and later, he was promoted as Civil Head Constable on 24.04.2007. The petitioner submitted the application in the prescribed form on 03.12.2007 to the Social Welfare Officer, Gulbarga, for issue of validity certificate. Thereafter, to the dismay of the appellant, the second respondent-Superintendent of Police passed an order dated 05.01.2008 reverting the petitioner from the post of Civil Head Constable to the post of Police Constable on the ground that the Government has issued an order dated 11.03.2002 and circular dated 15.12.1993 clarifying the difficulties in getting the caste certificate of the persons belonging to Jenu Kuruba, Kadu 4 Kuruba, Gonda, Rajagonda and further directed the authorities to issue caste certificates to persons belonging to the said castes. It is alleged that, the second respondent without considering the objections filed by the petitioner has passed an order dated 27.06.2008. The petitioner has mainly contended that the Karnataka State Administrative Tribunal has not properly appreciated the Government Order dated 11.03.2002 and also not properly considered the objections filed by the petitioner before the second respondent-Superintendent of Police. It is also mainly urged before this Court and as well as before the Karnataka State Administrative Tribunal that he has taken up the contention before the second respondent that he originally belonged to Gonda community and the Tahsildar has issued the caste certificate to the petitioner as he belong to Gonda community and he has not taken certificate on the ground that he belongs to Kuruba community and sub-caste Gonda and thereupon, the Tahsildar has issued the 5 certificate. It is his specific case that he originally belongs to Gonda Community and the Tahsildar has issued the certificate as he belong to Gonda Community and the same has been certified by the Committee constituted by the Government i.e., Caste and Income Verification Committee. When the validity of the said certificate is still in force, without there being cancellation of the said certificate, the Superintendent of Police should not have reverted him by misinterpreting the Government Order dated 11.03.2002.
3. We have carefully perused the order passed by the Karnataka State Administrative Tribunal. The Karnataka Administrative Tribunal and the second respondent-Superintendent of Police have mainly relied upon the Government Order No.ADW/713/SAD/93 dated 11.03.2002 which reads as follows:
"2. Wherever it comes to the notice of the appointing authority that a ST certificate has 6 been issued to a persons belonging to these communities and which has not been surrendered or cancelled necessary action shall be taken for cancellation of such certificate by the issuing authority with due regard to the principles of natural justice.
The benefits of reservation obtained by the persons in para (1) in educational and employment based on the wrong caste certificate issued by the competent authorities as ST and which have become final may also be not disturbed accordingly.
1. Enquiries pending before the various Departments, Verification Committee, Appellate authorities, CRE Cell and other authorities stands abated or dropped.
2. Action shall be taken to withdraw the cases filed before any court.
3. Suspension orders if any in such cases stands revoked.7
4. Pensionary benefits that are withheld shall be released.
3. The competent authority to issue caste certificates shall independently verify each case before issuing a certificate and shall not issue a certificate merely because the father/brother or any relative of the person holds a certificate as belonging to a particular community.
4. The appointments already made in respect of the persons belonging to Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities who have obtained employment under ST quota (as Nayaka, Maaleru, Kadu Kuruba, Jenu Kuruba, gond, Rajgond, Kolidhor and Tokrikoli) shall be treated as appointments under GM category w.e.f., the date of this order. They shall not be eligible for any promotion or any other benefits as STs in future. However, they could claim benefits under the respective category of Backward Classes to which they belong as per the existing Government Order."
Paragraphs-3 and 4 are relevant for consideration. The Karnataka State Administrative Tribunal and the 8 Superintendent of Police have mainly relied upon paragraph-4 of the said Government Order wherein it is made clear that the persons who have obtained employment under the ST quota as Nayaka, Maaleru, Kadu Kuruba, Jenu Kuruba, Gond, Rajgond, Kolidhor and Tokrikoli, though they belong to some other community like Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities, and obtained the appointments or any promotion, their appointments or promotion shall be treated as appointments under 'General Merit Category' with effect from the date of order i.e., 11.03.2002.
4. Therefore, before passing the order, the Superintendent of Police ought to have satisfied himself that the petitioner belongs to Pariwara, Talwar, Maaleru, Kuruba, Besta and Koli communities and in the guise of sub-caste, he obtained employment under ST quota stating that he belong to sub-caste of Kuruba as 'Gonda' and thereby, misrepresented his caste before the 9 governmental authorities for the purpose of getting appointment. Unless such satisfaction is expressed in the order itself, the said order should not have been sustained by the Karnataka State Administrative Tribunal. The order passed by the second respondent-Superintendent of Police is also placed before this Court at Annexure-A12 dated 27.06.2008 at page No.85. On careful perusal of the said order, it does not disclose that the Superintendent of Police has satisfied himself that the petitioner has given any false or fake caste certificate representing himself as he belong to Gonda community, though he belonged to some other community representing Gonda community as sub-caste of his main community and thereby, obtained certificate from the competent authority. Even otherwise, the District Caste and Income Verification Committee issued a validity certificate vide endorsement dated 20.03.2008. Even the Superintendent of Police did not personally enquired whether the caste certificate produced by the petitioner is 10 fake and actually, he does not belong to Gonda Community and that he belongs to Kuruba Community and representing himself as belonged to sub-caste of Kuruba community i.e., Gonda Community, he obtained appointment. Such a finding is not specifically given by the Superintendent of Police. The Superintendent of Police before passing the order dated 05.01.2008 and 27.06.2008 has not secured any further clarification from the District Verification Committee as to whether the petitioner has obtained any fake caste certificate and produced the same at the time of joining the duty. Under the above facts and circumstances, we are of the opinion that the Karnataka State Administrative Tribunal has not looked into these particular aspects with reference to the objections filed by the petitioner before the Superintendent of Police.
5. It is worth to note here, as per Annexure-A11, a detailed objections have been filed by the petitioner before 11 the Superintendent of Police wherein he has specifically stated that even at the time of joining school to the first standard, he has produced the caste certificate specifically issued by the competent authority mentioning that he belongs to Gonda Community. Even at the time of joining high school, he has declared his caste as Gonda Community and all his educational records indicate that, by birth the petitioner belongs to Gonda Community and this has not been properly appreciated and considered by the second respondent-Superintendent of Police and as well as by the Karnataka State Administrative Tribunal.
6. Under the above circumstances, we proceed to pass the following:
ORDER The petition is allowed. The order dated 25.11.2016 passed in Application No.3386/2008 by the Karnataka State Administrative Tribunal, Bangalore, is set aside.
The second respondent is hereby directed to treat the 12 order dated 27.06.2008 passed by him as a show cause notice to the petitioner and as the petitioner has already filed objections, the second respondent has to consider the objections of the petitioner and thereafter, if he gets any doubt with regard to the caste of the petitioner, he is at liberty to refer the matter to the District Caste Verification Committee for further enquiry into the matter to ascertain the real caste of the petitioner at the time of joining the services and thereafter, has to pass appropriate order in accordance with law.
Sd/-
JUDGE Sd/-
JUDGE NB* Ct: RRJ