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2019 Supreme(Kar) 235

IN THE HIGH COURT OF KARNATAKA
R. DEVDAS, J.
H.R. Sumangala - Appellant
Versus
Additional Director General of Police Directorate of Civil Rights Enforcement - Respondent
Writ Petition No. 56358, 56359, 56360, 56361, 56362, 56363, 56364 of 2014, 45979, 45947, 45948, 45949, 45950, 45951, 45952, 45953, 45954, 45955, 45956, 52084, 52085 of 2015
Decided On : 23-01-2019

Advocates Appeared:
C. Jagadish, Adv., K. Subha Ananthi, Adv., P.S. Rajagopal, Adv., Jayanth Devkumar, Adv., T.P. Muthanna, Adv., C. Jagadeesh, Adv., G.S. Bhat, Adv., M. Naga Prasanna, Adv.

Headnote:

Constitution of India ,1950 - Articles 341, 226, 142 and 342 - Indian Penal Code ,1860 - Sections 196, 198, 420 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(ix) - Granting amnesty - Restricted only to persons who had secured employment - Employees seeking their dismissal - petitioners joined the services of the Bank during various periods commencing from 1979 to 1982. It is undisputed that the petitioners were appointed on the basis of caste certificates, claiming that they belonged to Kotegar community, which according to the petitioners includes the caste Rama Kshatriya, which is a synonym of Kotegar community - Admittedly, Kotegar community, in terms of the Presidential notification is a Scheduled caste - District Caste Verification Committee, in some of the cases pertaining to the petitioners, had declined to issue validity certificate on the ground that the petitioners belonged to Rama Kshatriya community which is not a Scheduled Caste as notified in the Presidential Notification orders of rejection - appears that the State Government issued a Government order granting amnesty to all such persons who had secured jobs on the basis of caste certificates claiming that they belonged to Scheduled Tribe, though they belonged to Parivaara, Talwara, communities – Held, Government to impress upon Central Government and the Parliament to include such sub-castes which were synonymous with the communities were already included in the Presidential list. The grace period of one year having elapsed in the year 1996, respondents were duty bound to initiate action and remove all such persons who had obtained employment on the basis of false caste claims, from service - Delayed action on the part of the Directorate of Civil Rights Enforcement, has benefited many such persons including petitioners herein, many of whom have already attained the age of superannuation. Repeating words of Their Lordships desire to build a nation on the touchstone of ethics and character and if our determined goal is to build a nation where only the Rule of Law prevail - show-cause notices issued by respondent-Banks cannot be interfered with - Respondent authorities are directed to proceed further - Respect of petitioners who have attained the age of superannuation and have since retired, action initiated by respondents for dismissal from service do not survive for consideration - Petitions are dismissed

JUDGMENT :

R. DEVDAS, J.

1. The petitioners in these batch of writ petitions are Bank employees. Since the petitioners have raised common grounds, these petitions are heard and disposed of by this common order.

2. The petitioners joined the services of the Bank during various periods commencing from 1979 to 1982. It is undisputed that the petitioners were appointed on the basis of caste certificates, claiming that they belonged to 'Kotegar community', which according to the petitioners includes the caste 'Rama Kshatriya', which is a synonym of 'Kotegar community'. Admittedly, 'Kotegar community', in terms of the Presidential notification is a Scheduled caste. The District Caste Verification Committee, in some of the cases pertaining to the petitioners, had declined to issue validity certificate on the ground that the petitioners belonged to 'Rama Kshatriya' community which is not a Scheduled Caste as notified in the Presidential Notification. The orders of rejection were passed in the year 1998. Admittedly, no action was initiated by the Bank authorities even after the District Caste Verification Committee declined to issue validity certificates. Thereafter, it appears that the State Government issued a Government order dated 11.03.2002 granting amnesty to all such persons who had secured jobs on the basis of caste certificates claiming that they belonged to Scheduled Tribe, though they belonged to Parivaara, Talwara, Maaleru, Kuruba, Besta and Koli communities. Similarly, another Government Order dated 29.03.2003 was issued by the State Government granting amnesty to all such persons who had secured jobs on the basis of caste certificates claiming that they belonged to 'Kotegar community' though persons belonging to Rama Kshatriya, Kote Kshatriya, Kotegara, Koteyava, Koteyara, Sherugara and Sarvegara, do not fall under the 'Kotegar community' which is a Scheduled Caste under the Presidential Notification. The protection sought to be granted by the State Government was to protect their employments with a condition that they shall be treated as general candidates and they shall not be eligible for benefit of reservation henceforth. Thereafter, another Circular dated 14.06.2011 was issued by the State Government clarifying the position that the benefit of reservation in education and public employment which protected the interest of such persons who were granted one-time amnesty under the Government Orders dated 11.03.2002 and 29.03.2003, was restricted only to persons who had secured employment under the State Government. In other words, it was clarified in the third Government order that the benefit under Government orders dated 11.03.2002 and 29.03.2003 is not extended to Central Government employees and Central Government undertakings.

3. It is contended by the petitioners that following the Government orders dated 11.03.2002 and 29.03.2003, the petitioners once again approached the District Caste Verification Committee and surrendered the caste certificates, following which the District Caste Verification Committee passed individual orders protecting the employment, in terms of the Government order dated 11.03.2002, subject to the condition that they shall not avail the benefit of reservation henceforth. Such orders were issued in the year 2008-09.

4. It appears that the respondent-Additional Director General of Police, Directorate of Civil Rights Enforcement, Bangalore, has communicated to the authorities of the respective Banks, during September 2014, that the petitioners had obtained employment on the basis of production of false caste certificates and in the light of the judgment of the Hon'ble Supreme Court in the case of R.Vishwanatha Pillai Vs. State of Kerala and Others reported in, (2004) AIR SC 1469, the Bank authorities were called upon to take action to dismiss the petitioners from service, at the earliest. In some of the cases, the Bank authorities have issued show-cause notices to the respective petitioners herein,


























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