Absence of personal fraud in caste claims necessitates reconsideration of disciplinary action, allowing for pension benefits despite wrongful claims.

ORDER

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

Heard both sides in extenso. Briefly stated the facts are as under –

The applicant was appointed as a temporary Tradesman in the trade of Weapon Fitter Skilled under the Flag Officer Commanding, Southern Naval Command, Kochi from 01.02.1993. He entered service on a Scheduled Tribe Certificate where he and the members of his family were treated as Mala Arayan belonging to Melukavu in Kottayam District. The caste of the applicant was entered by his parent as Mala Araya at the time of entry in the CMS High School, Melukavu. This was carried over to his SSLC book, the extract of which is produced as Annexure A-1. While working as such he was issued with a show cause notice from the SC & ST Development Department, Government of Kerala, calling upon him to show cause why he shall not be proceeded against for claiming Mala Araya Community. After comprehensive proceedings the Scrutiny Committee passed an order directing the authority to remove him from service. It is claimed that there is no finding that he has ever made a false claim which is mandatory under Section 11 of the Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. It is submitted that the Hon'ble High Court quashed that order but granting liberty to the respondents to proceed in accordance with law. A copy of the order of the Hon'ble High Court in W.P.(C) No.26916/2008 dated 06.06.2018 is produced as Annexure A-2. Subsequent departmental proceeding was conducted in which a report was submitted finding that the charges against the applicant were not proved. Differing from that a memo was issued to the applicant to show cause as to why the disciplinary proceedings shall not be proceeded against in spite of the finding in the inquiry. This is produced as Annexure A-3. A detailed representation was submitted on 02.11.2020, which is produced as Annexure A-4. Consequently an order was issued on 31.03.2021, which is produced as Annexure A-5. The applicant claims that he was not given sufficient opportunity prior to the issue of the said order. He also submits that Annexure A-5 order is in violation and contempt of the order of the Hon'ble High Court in the abovementioned W.P.(C).

2. The respondents submit that the applicant was appointed as Weapon Fitter (SK) on 01.02.1993 against the vacancy reserved for ST candidate. A detailed inquiry conducted by the Kerala Institute for Research, Training and Development Studies for SC/ST (KIRTADS) and submitted their report vide its letter dated 22.01.1998 wherein it was stated that the applicant did not belong to Scheduled Tribe Mala Araya Community, but belongs to Christian Community of Ezhava origin and was enjoying the benefit exclusively meant for Scheduled Tribe. It is submitted that the KIRTADS further directed to terminate the services of the applicant and to appoint a Scheduled Tribe person in his place. This finding of KIRTADS has been challenged vide Writ Petition No.4893/1999 and the same was dismissed by the Hon'ble High Court vide order dated 03.06.2005. An appeal against the said order has been filed before the Hon'ble Supreme Court which was also dismissed. It is subsequent to this that the Principal Secretary to the Government of Kerala, Scheduled Caste/Scheduled Tribe Development (G) Department vide letter G.O.(MS) No.76/2008/SCSTDD dated 14.07.2008 confirmed that the applicant did not belong to Mala Araya Community, which is a Scheduled Tribe, but belonged to Christian Community of Ezhava orig