IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.7981/2013 (GM-CC) BETWEEN:
K NAGESH KUMAR S/O NARAYANA MOGERA, AGED ABOUT 58 YEARS, MARKOD HEBBAGILU HOUSE, POST KOTESHWAR - 576 222 KUNDAPUR TALUK, UDUPI DISTRICT (BY SRI NOEL GONSALVES, ADV. ) ... PETITIONER AND:
1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE- 560 001 2. THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT AND APPELLATE AUTHROITY, MULTISTORIED BUILDING, VIDHANA VEEDHI, BANGALORE-560 001 3. THE DISTRICT CASTE VERIFICATION COMMITTEE DAVANAGERE DISTRICT, DAVANAGERE, BY ITS MEMBER SECRETARY DAVANAERE-577001.
4. THE CANARA BANK REPRESENTED BY ITS DEPUTY GENERAL MANAGER, CIRLCE OFFICE, HASSAN-573201.
(BY SRI C JAGADISH, SPL.GA. FOR R1 TO 3 SRI T.R.K.PRASAD, ADV. FOR R4) ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER MADE ON 15.03.2009 BY THE R-2 COMMISSIONER FOR SOCIAL WELFARE DEPARTMENT AND APPELLATE AUTHORITY IN APPEAL NO.C.R.6-2009-10, ANNX-H1 DATED 16.03.2011 IN SO FAR IT REMANDS THE MATTER TO THE R-2 COMMITTEE AND REFUSING TO REINSTATE THE PETITIONER IN TO SERVICE, AS BEING BAD IN LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court assailing the order dated 15.03.2009 as also the order dated 15.03.2011. In addition, the petitioner is also assailing the order dated 17.07.2009 passed by respondent No.4- Bank as at Annexure-F to the petition.
2. The petitioner claims that he belongs to Fisherman Community called ‘Moger’ and had secured employment in respondent No.4-Bank on that basis.
However, when such caste certificate had been sent for verification, the Caste Verification Committee had held that the caste certificate as relied on by the petitioner is not valid. The petitioner therefore claiming to be aggrieved had filed an appeal before the Appellate Authority in Appeal No.CR.6/2009-10. The Appellate Authority after taking note of the rival contentions had found that the matter requires consideration by the District Caste Verification Committee and had accordingly remanded the matter to the Committee through the order dated 15.03.2011 (Annexure-H1). The petitioner claiming that the Certificate issued to the petitioner was prior to the Act, 1990 coming into force due to which Committee will not have jurisdiction and further being aggrieved by the conclusion reached by the Appellate Authority is before this Court in this petition.
3. Insofar as the consideration of the validity of the caste certificate by the District Caste Verification Committee, even in respect of the certificates which had been issued prior to coming into effect the Act, 1990, the same had been considered by a Hon’ble Division Bench of this Court and through the order on reference in the case of Smt. Geetanjali –vs- The Canara Bank represented by its General Manager, Bangalore and Others reported in ILR 2012 KAR 4384, it has been held that the consideration is required to be made by the District Caste Verification Committee in that regard.
4. If that be the position, in the instant case also the consideration is required to be made in a similar manner. Hence, when the Appellate Authority in that regard has remitted the matter for such consideration, this Court at this juncture need not interfere with the orders impugned in this petition.
5. Insofar as the challenge to the termination order passed by respondent No.4 and the relief of being taken back into service as claimed by the petitioner originally, in any event would not arise for consideration at this juncture, since if the petitioner ultimately succeeds in establishing that the caste certificate issued was valid and if the employment as secured by him is stated to be in accordance with law, the validity or otherwise of the termination would thereafter be considered as being contrary to law and in such event, service benefits in any case would be available.
6. Therefore all that is necessary to be directed herein is that the District Caste Verification Committee shall now consider relating to the validity of the caste certificate relied on by the petitioner in accordance with law and take a decision and consequences thereof shall flow.
7. To enable such consideration, the petitioner and the Officer representing the respondents shall appear before the District Caste Verification Committee, Davangere on 15.11.2017 at 3 p.m. as the first date of appearance. The petitioner may file all the necessary documents on the said date and the Committee shall thereupon provide opportunity, consider and pass appropriate orders as expeditiously as possible, but not later than two months from the date of first appearance.
The petition is accordingly disposed of.
Sd/- JUDGE hrp/bms