CANARA BANK Vs. SRI.W.NINGAPPA

JUDGEMENT

(1.) The present appeal is arising out of the order dated 02.04.2019 passed in WP.No.29870/2014 by the learned Single Judge granting arrears of salary and benefit of past services rendered by the sole respondent after he has been reinstated back in service.

(2.) The facts of the case reveal that the respondent before this Court was appointed as a clerk in the services of Canara Bank under the reserved category (Scheduled Tribe) on the basis of a caste certificate issued on 17.11.1977 by the Tahsildar, Shorapur, which certified that he was a member of ^Kadukuruba' community, which is a scheduled tribe. Some complaint was lodged in the matter and the District Caste Verification Committee, Gulbarga, submitted a report dated 18.09.2002 giving a finding that the respondent does not belong to scheduled tribe. The findings of the District Caste Verification Committee was communicated to the appellant - bank vide letter dated 09.01.2003. The Tahsildar, Shorapur, cancelled the caste certificate vide order dated 26.03.2003.

(3.) That the appellant -bank keeping in view the guidelines issued by the Ministry of Finance, Department of Economic Affairs (Banking Division) dated 30.04.2003 terminated the services of the respondent vide order dated 29.04.2003. The respondent being aggrieved by the termination came up before this Court by filing a writ petition i.e., WP.No.24992/2003 and this Court has granted an interim order on 16.05.2003. The appellant - bank permitted the respondent to join duty on 10.06.2003. Finally, the aforesaid writ petition was disposed of on 02.01.2007 quashing the order dated 26.03.2003 and the Deputy Commissioner, Gulbarga, was directed to hold an enquiry as to whether the employee in question belongs to 'Kadukuruba' or 'kuruba' community and to pass necessary orders within three months, that too, after affording an opportunity to the employee in question.