Karnataka High Court
Pavadeppa Yemanappap Gundakarji vs State Of Karnataka on 24 April, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P.NO.102746 OF 2017
BETWEEN:
PAVADEPPA YEMANAPPA GUNDAKARJI,
AGE: 58 YEARS, OCC: SERVICE,
RQ.MUDDEBEHAL, DIST: BIJAPUR,
NOW AT H.NO.274, AMRUTHALLI, JANATA COLONY,
BANGALURU-590092.
...PETITIONER
(BY SRI.NEELENDRA D.GUNDE, ADV.)
AND:
STATE OF KARNATAKA,
BY DHARWAD SUB-URBAN POLICE STATION,
REP.BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD.
...RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C.
SEEKING TO QUASH THE ORDER DATED 27.09.2017 PASSED BY
THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL
JUDGE, DHARWAD IN SPECIAL SC.ST NO.16/2015 THEREBY
REJECTING THE APPLICATION FILED BY THE PETITONER U/S
229 OF CR.P.C. AND CONSEQUENTY, ALLOW THE INTERIM
APPLICATION FILED U/S 227 OF CR.P.C. BY THE PEITIONER.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner and the learned Government Pleader.
2. Though the matter is listed for orders, with the consent of the learned counsel, the matter is taken up for final disposal.
3. The undisputed facts are that the petitioner obtained employment in Railway Department as Gateman in Group 'C' cadre. Though the petitioner belonged to 'Hindu Kuraba' community falling within 2A category, in order to secure employment in the Railways, he produced a false certificate describing himself as 'Tokeri-Community' coming within Scheduled Caste. The said certificate was the subject matter of a disciplinary enquiry by the employer and the petitioner herein came to be dismissed from service by order dated 26.10.2015. The dismissal order has been confirmed by this Court in W.P.NO.6883/2007(SC/ST) dated 12.09.2007. Subsequently, criminal proceedings have been initiated against the petitioner under Sections 196, 198, 464, 468, :3: 471, 420 of IPC and Section 3(1)(ix) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The matter is now pending on the file of the II Additional District and Sessions Judge and Special Judge, Dharwad in Spl.SC.ST.No.16/2015.
4. The learned counsel for the petitioner has placed reliance on the order passed by this Court in Crl.P.No.200130/2014 dated 11.03.2014 with reference to the Notification dated 11.03.2002 issued by the Government of Karnataka.
5. The Government Notification dated 11.03.2002 reads as under:
"In partial modification of Government Orders read at (1) and (2) Government are pleased to order as under:
1. The benefits of reservation in admission to educational institutions and educational concessions extended to Pariwara, Talawara, Maaleru, Kuruba communities in G.Os read at (1) and (2) above and Besta and Koli Communities accordingly cease. All persons of these communities who have obtained ST caste certificates shall surrender them immediately to the issuing authority for cancellation. They shall not be liable for penal action provided they surrender their certificates. The issuing authority shall cancel such certificates.:4:
2. Wherever it comes to the notice of the appointing authority that a ST certificate has 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.
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 :5: claim benefits under the respective category of Backward Classes to which they belong as per the existing Government Order.
Separate orders shall be issued regarding the manner in which the vacancies lost to STs on account of G.O.s read at (1) & (2) above have to be restored."
6. In the instant case, it is not in dispute that the caste certificate obtained by the petitioner was enquired into by the Caste Verification Committee and by order dated 12.02.2009 the said caste certificate has been cancelled. In view of this, following the above Notification, the petition is allowed. The proceedings initiated against the petitioner and pending on the file of the II Additional District and Sessions & Special Judge, Dharwad in SPL.SC.ST.No.16/2015 are quashed.
In view of allowing the petition, all pending I.A's are consigned to file.
The learned Government Pleader is permitted to file memo of appearance in the office.
Sd/-
JUDGE MBS/-