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2013 Supreme(Pat) 986
IN THE HIGH COURT OF JUDICATURE AT PATNA
NAVIN SINHA and VIKASH JAIN, JJ.
Amar Aaron, S/o Late Hudson Aaron, C/o Mr. Kameshwar Prasad Singh, resident of Mohalla-North Mandiri, Opposite-Christian Colony, P.S.-Budha Colony, P.O. & G.P.O.-District and Town-Patna - Petitioner
Versus
1. The State of Bihar through District Magistrate, Patna
2. The District Magistrate, Munger
3. The Additional District Magistrate-Incharge, District General Section, District- Munger
4. Bank of India, through its Chairman, Head Office, Express Towers, Nariman Point, Mumbai-400021 - Respondent/s
1. Bank of India, Head Office, Express Towers, Nariman Point, Mumbai-400021
Through its Zonal Manager
2. The Zonal Manager and Appellate Authority, Bank of India, Zonal Office, Bihar North Zone, Chanakaya Place, Birchand Patel Marg, Patna
3. The Chief Regional Manager and Disciplinary Authority, Bank of India, Patna Region, Chanakya Place, Birchand Patel Marg, Patna-800001 - Respondents-Appellants
Versus
1. Amar Aaron, S/o Late Hudson Aaron, resident of Christian Colony, P.S. Budha Colony, Lodhipur, Patna - Petitioner-Respondent
2. Sri N.K. Singh, Enquiry Officer, Bank of India, Bihar North Zone, Chankya Place, Birchand Patel Marg, Patna-800001 - Respondent-Respondent
Amar Aaron , S/o Late Hudson Aaron, resident of Christian Colony, Lodipur P.S. Budha Colony, Lodhipur, Patna - Petitioner-Appellant
Versus
1. Bank of India, Head Office, Express Towers, Nariman Point, Mumbai-400021 Through its Chairman
2. The Zonal Manager and Appellate Authority, Bank of India, Zonal Office, Bihar North Zone, Chanakaya Place, Birchand Patel Marg, Patna
3. The Chief Regional Manager and Disciplinary Authority, Bank of India, Patna Region, Chanakya Place, Birchand Patel Marg, Patna-800001
4. Sri N.K. Singh, Enquiry Officer, Bank of India, Bihar North Zone, Chanakya Place, Birchand Patel Marg, Patna-800001 - Respondents-Opposite Parties
Letters Patent Appeal No. 1482 of 1999
IN
Civil Writ Jurisdiction Case No. 9607 of 1997
Letters Patent Appeal No. 1462 of 1999
IN
Civil Writ Jurisdiction Case No.6948 of 2000
Decided On : 04-09-2013
Appearance : (In CWJC No. 6948 of 2000)
For the Petitioner/s:Mr. Madhuresh Prasad & Mr. Abhay Shankar, Advocates
For the State : Mr. Anjani Sharan (SC9) For B.O.I. :Mr. Rupak Kumar, Advocate (In LPA No. 1462 of 1999)
For the Appellant/s : Mr.Rupak Kumar
For the Respondent/s: Mr. Madhuresh Prasad Mr. Abhay Shankar (In LPA No. 1482 of 1999)
For the Appellant/s : Mr. Madhuresh Prasad Mr. Abhay Shankar
For the Respondent/s: Mr. Anjani Sharan (GP 9) Mr.Rupak Kumar
The main legal point established in the judgment is the importance of a valid show cause notice, the presumption of correctness of caste certificates, and the principles of judicial review.
Headnote:
Caste Certificate Controversy - Scheduled Tribe - Scheduled Tribes (Modification Act, 1956) - Summary of Acts and Sections: The court discussed the Scheduled Tribes (Modification Act, 1956) and the Scheduled Castes and Scheduled Tribes list Modification Order 1956. The key legal provisions highlighted were the presumption of correctness of caste certificates, the importance of a valid show cause notice, and the principles of judicial review.
Fact of the Case:
The case involved a controversy over the caste certificate of an employee, leading to his termination by the Bank. The employee had obtained multiple caste certificates, and the State authorities had canceled and reissued them multiple times. The court found that the termination was based on a flawed decision-making process by the authorities.
Finding of the Court:
The court found that the termination of the employee was unjustified as the authorities failed to provide a valid show cause notice and did not consider all relevant materials. The court held that the employee was entitled to reinstatement with full back wages.
Issues: The issues involved the validity of the caste certificates, the fairness of the termination process, and the application of the principles of judicial review.
Ratio Decidendi: The court's decision was based on the flawed decision-making process of the authorities, the importance of a valid show cause notice, and the principles of judicial review.
Final Decision: The court set aside the termination and held the employee entitled to reinstatement with full back wages.
(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)
Navin Sinha & Vikash Jain, JJ.
1. We have heard Learned Counsel for the Appellant and the Respondents.
2. The issues for decision in this batch of cases are integrally connected, have a bearing on each other, and the parties are the same. We have therefore heard the cases together and are disposing it by a common order. The core controversy is the caste certificate of Sri Amar Aaron (for convenience referred to as “the employee”) as Scheduled Tribe (Kisan) and the consequent termination of his service by the Bank on the allegation for having secured appointment on a false caste certificate.
3. The Sub-Deputy Collector, Munger on 16.10.1973, issued a Caste Certificate to the employee as belonging to Scheduled Tribe (Kisan). The District Welfare Officer, Munger, issued Caste Certificate no. 1060/73 dated 18.10.1973 in the prescribed format, which stated that he “belongs to Sub-caste which is recognized as Scheduled Caste in the Scheduled Castes and Scheduled Tribes list Modification Order 1956”. The employee is stated to have been a minor aged approximately 15 years that point of time. Unlike the former certificate, the latter is ambiguous. It does not state that he belonged to any specified Scheduled caste, much less the name of any sub-caste. It also mentions the words Scheduled Tribe.
4. The Bank issued an Advertisement in 1976 for Class-III posts which the employee joined in 1978. He mentioned his caste status as Scheduled Tribe (Kisan) and furnished Caste Certificate No. 1060/73 dated 18.10.1973. The Bank required him to submit a fresh caste certificate issued by an officer not below the rank of a Sub-divisional officer. On 15.07.1976 the Sub-Divisional Officer, Sadar, Munger, issued Certificate No. 253 of 1976 certifying him to be Scheduled Tribe (Kisan) recognized as Scheduled Tribe under the Scheduled Tribes (Modification Act, 1956). The Sub-Divisional Officer, Sadar Munger, on 18.01.1985 confirmed having issued the Caste Certificate No. 253 of 1976 dated 15.07.1976. These certificates were submitted to the Bank.
5. On 11.07.1982 a complaint is alleged to have been written to the Bank on behalf of a political functionary that the employee did not belong to Scheduled Tribe. It has been argued that the author denied having made any complaint alleging forgery; we do not consider it very relevant. The Bank issued a show cause notice on 25.11.1988 for having obtained employment on the basis of misrepresentation with regard to Caste. Dissatisfied with the reply departmental proceedings were initiated by framing charges on 13.03.1989. It culminated in an order for dismissal dated 22.07.1997. The termination was set aside in CWJC 9607 of 1997 on 30.09.1999 holding that it was the State authorities alone who were competent to decide his caste status.
6. The State authorities at Patna, in the meantime by orders dated 04.08.1996 and 14.02.1991 cancelled his caste certificate issued by the authorities at Munger. The employee challenged the orders in CWJC 2458 of 1997. The writ application was allowed on 2.9.1998 holding that the cancellation orders were procedurally flawed. Directions were given to decide afresh. CWJC 9607 of 1997 which was disposed subsequently on 30.9.1999, therefore ordered that the order of termination shall abide by the fresh decision to be taken by the State authorities pursuant to the order in CWJC 2458 of 1997. If the authorities decided in favour of the employee, the order of termination shall be recalled along with reinstatement and full back wages. If the District Magistrate decides otherwise the termination shall require no interference. Both the employee and the Bank have filed the present two separate present Appeals against the order.
7. Pursuant to the order in CWJC 2458 of 1997, a show cause notice was issued to the employee by the District Magistrate, Munger on 03.11.1998. It stated that fresh hearing was to be held with regard to the Caste Certif
