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Showing contexts for: cre in Sri. Satyanarayana R.S vs Additional Director General Of Police on 2 December, 2020Matching Fragments
In these two petitions, petitioners have questioned the validity of the enquiry notice dated 12.11.2014 issued by the second respondent-CRE Cell. Both the petitioners stated to have claimed that they belong to 'Maaleru' caste which fall under schedule tribe. Based on such schedule tribe certificate they were the beneficiary of the employment with the BSNL organization. On 11.03.2002, State Government issued an order in respect of preventing non-schedule tribe from availing benefit meant for schedule tribe. One of the caste is with reference to 'Maaleru' caste. Pursuant to the Government Order dated 11.03.2002, District Social Welfare Officer, Chikkamagaluru communicated to the appointing authority of the petitioners-Chief General Manager and Telecom, Bengaluru to take note of the fact that petitioners and others are treated as general category persons from the date of issuance of Government Order dated 11.03.2002. Thus, petitioners were treated as general category persons with the BSNL organization. Petitioners- Sri.R.S.Satyanarayana and Sri.T.S.Ramachandra had attained the age of superannuation and retired from service. In this back drop, second respondent-CRE Cell proceeded to initiate proceedings against the petitioners by issuing an enquiry notice on 12.11.2014. The petitioners feeling aggrieved by the aforesaid enquiry notice presented this petition.
2. Learned counsel for the petitioners submitted that second respondent-CRE Cell and State Government are part and parcel of Government of Karnataka. By virtue of order dated 11.03.2002, Social Welfare Department of Government of Karnataka evolved a policy decision in order to prevent non-schedule tribe from availing benefit with reference to Apex Court decision in Civil Appeal No.2294/1986 decided on 28.11.2000 while treating such of those persons who have obtained false certificate and they were treated as general category while proceeding to cancel the caste certificate or surrendering caste certificate. In the present case, District Social Welfare Officer, Chikkamagaluru had communicated to the appointing authority of the petitioners with regard to treating the petitioners as general category. Thus, matter was resolved. Therefore, at this distance of time, initiation of proceedings relating to caste certificate obtained by the petitioners are impermissible.
3. The learned special counsel for State cited Apex Court decision viz., Shobha Lakshmi Vs. Div. Commissioner and others in Civil No.138/2013 decided on 28.01.2013 and decision of this Court in the case of Smt.Jayashree Vs. The Director Collegiate Education in W.P.No.101462/2018 (S-KAT) decided on 11.12.2018 are not applicable to the facts of the present case.
4. Per contra, learned State counsel for the respondent Nos.1 and 2, Sri.C.Jagadish submitted that the order dated 11.03.2002 of the State Government in respect of surrendering of false certificate stated to have been obtained by such of those persons and asking them to surrender and they may be treated as general category has been interpretated by the Apex Court in the case of Smt.Shobha Lakshmi wherein in the aforesaid decision it is held that State Government has no power to issue order in terms of Articles 341 and 342 of the Constitution of India. Further, he relied on decision in the case of Smt.Jayashree of this Court in W.P.No.101462/2018 (S-KAT) decided on 11.12.2018 (paragraph 13). Thus, there is no infirmity in taking action by the CRE cell against the petitioners. He has also pointed out Rule 7A of the Karnataka SC/ST and other Backward Caste (Reservation and Appointments etc.,) Rules, 1992 (for short, 'Rules 1992') relating to prosecution for obtaining false caste certificate.
5. Heard the learned counsel for the parties.
6. Undisputed facts are that petitioners had obtained caste certificates with reference to caste as 'Maaleru' and they had the benefit of service with the BSNL organization under reservation of schedule tribe. State Government issued an order dated 11.03.2002 in respect of surrendering of false certificate stated to have been obtained by such of those persons and asking them to surrender and they may be treated as general category. This was processed by the District Social Welfare Officer, Chikkamagaluru and informed to the BSNL organization-appointing authority of the petitioners. In this back drop, second respondent-CRE Cell with reference to Rule 7A of Rules, 1992, proceeded to take action against the petitioners. Thus, petitioners have presented this petition.