BANK OF INDIA Vs. AVINASH D MANDIVIKAR

JUDGEMENT

(1.) Appellants call in question legality of the judgment rendered by a Division Bench of the Bombay High Court holding that the respondent No.1 (hereinafter referred to as the employee) was to be reinstated in the post in which he was appointed with continuity of service with back wages. It was further held that he was not entitled to promotion as he did not belong to Scheduled Tribe.

(2.) The background facts sans unnecessary details are as follows: The respondent joined the services of the appellant No.1 - Bank on 15-10-1976 under the reserved category of Scheduled Tribe. He was on probation for a period of six moths and thereafter his services came to be confirmed. In 1984 he was promoted in the reserved category to the post of Junior Management Scale I. He was asked to submit fresh caste certificate in the revised form as he was promoted in the reserved category. His caste certificate was referred to the Committee For Scrutiny And Verification of Tribe Claims, Pune Division, Pune (in short the Scrutiny Committee) for verification on 13th June, 1987. The Scrutiny Committee invalidated the caste certificate by order dated 18th July, 1987. The same was challenged before the High Court in Writ Petition No. 3680/1994. The matter was remanded to the Scrutiny Committee for fresh hearing. Again by order dated 17th June, 1995 the Scrutiny Committee invalidated the caste certificate. The matter was again remanded by the High Court by order dated 7th August, 1996. The Scrutiny Committee by order dated 24th December, 1998 invalidated the caste certificate. The said order was challenged before the Bombay High Court by filing writ petition which was withdrawn with liberty to file fresh writ petition. Another writ petition was filed which was disposed of by order dated 12th April, 2001. It was prayed that enquiry proceedings were initiated by the employer, and if any adverse decision is given by the Enquiry Officer or his services are affected by any order passed by the disciplinary authority on the basis of the finding of the Enquiry Officer, liberty may be granted to challenge the legality of the order of the Scrutiny Committee and the disciplinary proceedings. The prayer was accepted and the writ petition was dismissed as withdrawn granting opportunity as afore-noted. The Enquiry Officer submitted report holding that the charges were proved and the disciplinary authority after issuing show cause notice terminated the services of respondent No.1 - employee by order dated 28th February, 2002. The said order of termination was challenged before the Bombay High Court primarily on the ground that the proceedings for verification of the caste certificate were not initiated within reasonable period. The High Court found substance in such plea. It was noted that though respondent No. 1- employee joined the services of the Bank in 1976, the reference was made in the year 1987. It was held that the period was not reasonable for initiation of proceedings. The High Court accordingly held that the proceedings were not initiated validly. Having held so, it was further held that respondent No. 1 - employee does not belong to Scheduled Tribe and, therefore, was not entitled to promotion in the next higher rank. Direction was given to reinstate in the post he was appointed with continuity of service with back wages.

(3.) Learned counsel for the appellants submitted that the view taken by the High Court is clearly erroneous. The High Court has not interfered with the invalidation order of the Scrutiny Committee. The conclusions of the High Court are contrary in terms. On one hand, it has been held that the reference was not made within reasonable time. On the other hand, it has been held that respondent No.1 did not belong to Scheduled Tribe. This conclusion obviously is based on the order of invalidation passed by the Scrutiny Committee. When an action is founded on fraud the question of any reasonable period for initiation of action is clearly immaterial. By granting protection to the respondent No. 1 - employee the High Court has in essence nullified the object for which scrutiny of the caste claim is made and the purpose for which reservation has been made for Scheduled Caste and the Scheduled Tribes.