Karnataka High Court
V S Bali vs State Bank Of Hyderabad on 26 November, 2012
Bench: Mohan Shantanagoudar, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 26TH DAY OF NOVEMBER 2012
PRESENT
THE HON'BLE MR. JUSTICE MOHAN SHANTANAGOUDAR
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT APPEAL NO.604/2007 (GM-CC)
BETWEEN:
1. V S BALI
S/O SHANTHAPPA BALI
AGED ABOUT 49 YEARS
WORKING AS MANAGER, AN OFFICER IN MIDDLE
MANAGEMENT GRADE SCALE-II AT STATE BANK
OF HYDERABAD, HUDGI BRANCH
TALUK HUMNABAD, DIST BIDAR
(BY SRI P.S. RAJAGOPAL, ADV. ... ABSENT)
AND:
1. STATE BANK OF HYDERABAD
A BODY CONSTITUTED UNDER THE STATE BANK
OF INDIA (SUBSIDIARY BANKS') ACT 1959,
REPRESENTED BY ITS
GENERAL MANAGER (OPERATIONS)
PERSONNEL DEPARTMENT, HEAD OFFICE
GUNFOUNDRY, HYDERABAD 500 001
2
2. DISTRICT CASTE VERIFICATION COMMITTEE
GULBARGA REPRESENTED BY ITS CHAIRMAN
DEPUTY COMMISSIONER
GULBARGA DISTRICT
GULBARGA 585101 ... RESPONDENTS
(By Sri Manvendra Reddy, Adv. for R-1;
R-2 served and unrepresented)
This Writ Appeal is filed under Section-4 of the Karnataka
High Court Act praying to set aside the order passed in Writ
Petition No.2860/2003 dated 2.3.2007 insofar as it holds
that the 2nd respondent has power to review its own orders
and allow the writ petition No.2860/2003.
This Writ Appeal coming up for final hearing this day,
MOHAN SHANTANAGOUDAR .J., delivered the following.
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JUDGMENT
Petitioner's counsel is absent. Heard Sri Manvendra Reddy, learned advocate for Respondent No.1. Respondent No.2 is served and unrepresented.
2. This intra-Court appeal is filed against the order dated 2nd March 2007 passed in Writ Petition No.2860/2003 (GM-CC). This appeal is filed by the writ petitioner. He is working as an officer of the 1st respondent - bank. The appellant joined the services of the 1st respondent - bank by producing the Caste Certificate, which discloses that he belongs to 'Gonda' community i.e., Scheduled Tribe. Thereafter he continued in the job. Based on certain complaints, the District Caste Verification Committee conducted the enquiry. After holding enquiry, the District Caste Verification Committee issued the Caste Certificate confirming the caste as 'Gonda' i.e., Scheduled Tribe. On 4 receiving further complaints, one more enquiry started against the petitioner and ultimately the order at Annexure-K produced alongwith the writ petition came to be passed to the effect that the appellant belongs to 'Kuruba' community and comes under Category-2A. Pursuant to the order Annexure-K, the bank issued the order at Annexure-J intimating the petitioner that he is coming under general category. Annexures-J and K were questioned before the learned Single Judge by filing the writ petition. The learned Single Judge though has quashed Annexures-J and K by concluding that unless the statute provides for such a review, the question of reconsidering or re-opening the case and coming to a different conclusion is unwarranted, has remanded the matter to the District Caste Verification Committee for enquiry once again. The order of remand is questioned in this writ appeal. 5
3. The Scheme of the Act i.e. the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, etc.) Act, 1990 does not provide for review of the order passed by the District Caste Verification Committee. Section - 4A of the Act lays down that the Tahsildar shall issue a caste certificate in respect of persons belonging to Scheduled Castes or Scheduled Tribes or other backward classes. Section - 4C of the Act speaks of constitution of Caste Verification Committees for each district for verification of Caste Certificates issued under Section 4-A. Section - 4C (ii) states that the Caste Verification Committee may after holding such inquiry as it deems fit within 30 days from the date of application either grant a validity certificate in a prescribed form or reject the application. Section 4D provides for appeal against the order of the Caste Verification Committee passed under Section 4C. Rules made under the said Act called the Karnataka Scheduled 6 Castes, Scheduled Tribes and other backward classes (Reservation of Appointments etc.,) Rules, 1992 stipulate the procedure for verification of case status and issue of validity certificate. Neither the Act nor the Rules made thereunder confer any power on the Committee to review its own order. Aggrieved party may file appeal as per law.
4. The Caste Verification Committee being the quasi judicial authority should follow the rules. Unless the review is provided by the statute, the power of review should not be enforced. In the matter on hand, on the basis of the evidence adduced in the enquiry, at the first instance, the Caste Verification Committee by the order dated 8.6.1998 held that the appellant belongs to 'Gonda' caste and that the Caste Certificate issued by the Tahsildar is valid and consequently issued validity certificate on 8.6.1998. On the basis of the same, the disciplinary proceedings against the appellant were dropped by the order dated 15.7.1998 by 7 the bank. By an order dated 4.8.1998, the appellant was promoted as an officer with retrospective effect. Thereafter he was promoted as Manager in the Middle Management Grade-II. Thereafter one more enquiry was held against the appellant based on another complaint. Neither the Act nor the rules made thereunder bestow any power of review on the committee. The committee becomes functus officio, the moment it ordered on 8.6.1998 that the appellant belongs to 'gonda' community and issued Validity Certificate. Thereafter the committee did not have any authority in law whatsoever to pass the impugned order after five years. Even otherwise, the subsequent proceedings based on the 2nd complaint are not only without authority of law, but are without holding enquiry.
6. Though the learned Single Judge is justified in setting aside the impugned orders Annexures-J and K, is not justified in remanding the matter to the committe. The Act and the Rules framed thereunder did not provide power 8 to review. The Courts could not have remitted the matter directing the District Caste Verification Committee to review its earlier order. Hence the impugned order insofar as it relates to remanding the matter stands quashed. In all other respects, the order of the learned Single Judge particularly, quashing Annexures-J and K stands confirmed.
Appeal is disposed of accordingly.
Sd/-
JUDGE Sd/-
JUDGE Gss/-