G.D. SUKANYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein is seeking to quash the impugned notice dtd. 09/08/2018 in Jha.Pa.Sa:C.R- 51:2017-18 issued by respondent No.2 at Annexure-L.

(2.) Brief facts of the case are that, the petitioner joined the services of BSNL company (then known as P&T Department) as a T.S. Clerk after completing SSLC in the year 1975. The petitioner served as a Chief Sec. Supervisor (Operation) and retired from service after completion of 39 years on 31/07/2014. It appears that the CRE Cell Mangalore issued notice to the petitioner herein for an enquiry regarding the caste certificate after the petitioner retired from service. Assailing the said notice, W.P.No.56417/2017 was filed before this Court and there was an interim order staying all further proceedings initiated by the CRE Cell, Mangalore. This being so, the petitioner was issued with one more notice in the year 2018 to appear before respondent No.2 regarding the caste certificate and the petitioner replied to the said notice. Again a fresh notice appears to have been issued by respondent No.2 for an enquiry regarding the caste certificate. It is stated that, the issuance of notice by respondent No.2 calling upon the petitioner to participate in the enquiry regarding the caste certificate of the petitioner is an abuse of the process of law and harassment to the petitioner who has retired for more than four years back and the entire exercise of respondent No.2 is one without jurisdiction.

(3.) It is stated by the petitioner that the petitioner was issued with the caste certificate by the Tahsildar as belonging to the caste called "Maleru" and at the time of appointment, she has produced the caste certificate, "Maleru" community, which is a Scheduled Tribe under the Presidential Notification and therefore, the petitioner was entitled to claim the benefit of reservation while joining the service. It appears that there was objection to the fact that there was another community called "Maaleru" and it is a forward community and on the said pretext, the community members had obtained the caste certificate as "Maleru" Community, which is undoubtedly a Scheduled Tribe. In the meanwhile, the State of Karnataka issued a notification in the year 1986 and constituted a committee to decide about the existence of the two communities. Thereafter, the Apex Court directed the authorities to drop all the criminal and departmental actions till a positive conclusion is reached in that regard. The Apex Court in the case of Wasim Beg vs. State of U.P. & others [1998(3) SCC 321] [Wasim Beg] held that till the dispute with regard to the existence of two separate entities is resolved, no criminal proceedings or departmental action shall be initiated. Subsequently, the State Government issued notification directing the persons, who had obtained the caste certificate as belonging to "Maleru" caste to surrender the same and to continue as a person belonging to general category.