UNITED INDIA INSURANCE CO., LTD., THE DEPUTY GENERAL MANAGER, UNITED INDIA INSURANCE CO., LTD. AND THE SENIOR DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO., LTD. Vs. SRI. B. VENUGOPAL

JUDGEMENT

(1.) THE appellants have assailed the order of the learned Single Judge dated 01/02/2013, passed in W.P.No. 46654/2012. In the said writ petition, the respondent had assailed the order of termination dated 02/11/2012 (Annexure "A"). The learned Single Judge, placing reliance on the earlier order dated 06/02/2012 passed in W.P.No. 24109/2011 in respect of the very same respondent and also having regard to the principles of natural justice, quashed Annexure "A", which is the order of termination of service of the respondent, by allowing the said writ petition. The same is assailed in this appeal. It is contended on behalf of the appellants that the respondent was appointed in the appellant -Insurance Company on the basis of a Caste Certificate, which stated that he belonged to the Scheduled Tribe community. However, subsequent enquiry as per Annexure "C", revealed that the said Caste Certificate is a false certificate; the respondent does not belong to "Nayaka" community, which is a Scheduled Tribe; he belongs to "Ekila" community, which is not Scheduled Tribe. Therefore, the appointment in the Insurance Company was obtained by fraud and hence, the Insurance Company on the basis of the enquiry conducted by the Directorate of Civil Rights Enforcement Cell, Bangalore, terminated his employment by cancelling his appointment as being void ab initio. Placing reliance on a judgment of the Hon'ble Supreme Court in the case of R. Vishwanatha Pillai Vs. State of Kerala and Others, AIR 2004 SC 1469 , it was contended that where a person procures appointment to a post meant for reserved category candidate on the basis of the false Caste Certificate, such an appointment is not a valid appointment in the eye of law and therefore such a person was not entitled to be appointed on that post and as such the appointment was void and non est.

(2.) THE appellants' counsel therefore, submitted that the impugned order be set aside and the order of termination at Annexure "A" be upheld and given effect to.

(3.) THEREAFTER , on the basis of the letter of the Tahsildar dated 05/03/2010 and the memorandum of charges dated 22/06/2010, impugned order of termination at Annexure "A" was passed. A perusal of Annexure "A" would make it apparent that on the basis of investigation conducted by the Additional Directorate General of Police, Civil Rights Enforcement Cell, Bangalore, a copy of which is produced as Annexure "C", in which it has been stated that the respondent had obtained a false Caste Certificate in the year 1987, as belonging to "Nayaka" (ST community) whereas, he belonged to "Ekila" community, which is Category -1, the impugned termination order has been passed. Therefore, placing reliance on the decision in R. Vishwanatha Pillai, the appellants' counsel has sought to justify the termination order. However we cannot accept the contentions of the appellants' counsel for two reasons. Firstly, in W.P. 24109/2011 while partly allowing the writ petition filed by the respondent herein, liberty was given to the appellants herein to initiate proceedings against the petitioner with regard to his caste. If it was found that the Caste Certificate produced by the respondent herein to the appellant -Insurance Company was false, then liberty was given to initiate domestic enquiry proceedings against the respondent in accordance with law. Nodoubt, the appellants have relied upon Annexure "C", which is the Report of the enquiry made by the Superintendent of Police, Directorate of Civil Rights Enforcement, Kolar Unit, Kolar. But on the basis of the said Report, no domestic enquiry proceeding has been initiated. Therefore the previous order of this Court has not been complied with.