ORDER :

1. The petitioner herein is an applicant in ID No.22/2007 who had filed an application under Section 33(2)(b) of the ID Act before the Tribunal, seeking to approve the order of termination of the respondent from service. The grounds for termination are that knowing fully well that the respondent herein does not belong to Nayaka Community (ST), but with a view to get an employment, has deliberately furnished a false information for getting Caste Certificate and employment in BEML under ‘ST’ quota.

2. After obtaining explanation from the respondent, an enquiry was held and it was concluded by the Enquiry Officer that the respondent has committed a misconduct by misrepresenting himself claiming employment under ST quota. The said application came to be rejected. Hence, the present writ petition is filed.

3. Learned counsel for the petitioner submits that on the findings of the Enquiry Officer, the Industrial Tribunal has to enquire as to whether the punishment order is supported by materials, enquiry conducted is fair and proper and whether there is any victimization. Without considering the said aspects, rejection of the application is arbitrary.

4. It is further submitted that the respondent got appointed on the establishment of petitioner on the basis of the Caste Certificate. In the Enquiry Report (Annexure-C) at para-9 it is stated as under:

“9. The appointment of Sri. K. Sukumar, Staff No.354-20957, as Technician (Machinist) in the Wage Group-B, was considered under reserved category ‘ST’ based on reference to the District Employment Exchange, Kolar, initially on Muster Roll basis for a period of 2 years vide letter No.EKP/15-E/ENG dated 07/06/1986 (Exhibit-2). It is alleged that, Sri. K. Sukumar, Staff No.354-20957 has produced caste certificate in Original to substantiate that he belongs to Scheduled Tribe issued by the Tahsildar, Bangarapet dated 15.06.1988 certifying that he belongs to ‘Nayaka’ community which is recognized as Scheduled Tribe under the SC/ST orders for the Territory of Karnataka. The Charge Sheeted Employee also declared himself as Schedule Tribe belonging to Nayaka Community for MRE engagement dated 05/06/1986 (Exhibit-1) and his application for employment dated 19.08.1988 (Exhibit-5) and even in the Attestation Form dated 17/06/1986 (Exhibit-7), he has reiterated that he belongs to ‘Nayaka Scheduled Tribe’ community.”

5. The Caste Certificate showing that the respondent belongs to Nayaka community was forwarded to the Deputy Commissioner, Kolar District, for verification. The Deputy Commissioner of Kolar District in his report dated 07.04.2005 has certified that the respondent belongs to ‘Goundar’ caste, which does not come within ‘ST’ category under the territory of Karnataka. On this basis, an enquiry was conducted and charge-sheet was served to the respondent. The enquiry was held to be fair and proper. Under the said circumstances, the learned Judge could have accepted the application that was made under Section 33(2)(b) of the Act and approved the action of termination of the respondent from service.

6. The first ground taken by the Tribunal is, along with the termination order the respondent has not been paid with one month wages in compliance of Section 33(2)(b) of the I.D Act. On this ground, the said application was liable to be rejected.

7. The learned counsel further submitted that the certificate was issued initially by the Competent Authority wherein it is mentioned that the respondent belongs to ST Caste. The said Caste Certificate was issued on 15.06.1988. Initially his name was referred from Employment Exchange, wherein he was registered as a person belonging to ST caste. He also produced Transfer Certificate issued by the Head Master, Sumathi Jain High School, Robertsonpet, KGF, where he had studied and it states that the respondent belongs to Nayaka caste. The Caste Certificate dated 18.06.1980 which was issued to the respondent has been produced at AnnexureR3, wherein it is mentione