SHANTALA G RAO Vs. DIVISIONAL COMMISSIONER MYSORE DIVISION

JUDGEMENT

(1.) THE petitioner has called in question the legality and validity of the order dated 7-6-1996 of the 2nd respondent-Caste Verification Committee, recording a finding that the petitioner does not belong to "maleru" community, declared as 'scheduled Tribe' and the order dated 27-10-1998 of the 1st respondent, dismissing the appeal. In addition, the petitioner has questioned the order dated 9-4-1999 of the 3rd respondent, employer, terminating her from the services of the Bank.

(2.) BRIEFLY stated facts are as under: the petitioner claiming to be a member of "maleru" community, declared a 'scheduled Tribe' in the State of Karnataka, secured employment on 15-6-1977 in the 3rd respondent-Bank, to the post of a Clerk, as against the vacancy reserved for 'scheduled Tribe', on the basis of a certificate dated 9-9-1976, issued by the Additional Chief Judge and Chief Judicial Magistrate, Shimoga District. The petitioner claims that the Tahsildar of Koppa, Chickmagalore District, issued a certificate dated 22-7-1975, certifying that the father of the petitioner belong to "maleru" community.

(3.) THE 3rd respondent-Bank, having secured a report from the office of the Inspector General of police, Civil Rights Enforcement Cell, that the certificate dated 9-9-1976 was false as the petitioner did not belong to "maleru" community but belong to "brahmin" community, the employer, instituted disciplinary proceedings by issuing a charge memo/show-cause notice dated 1-8-1991, to show cause as to why the petitioner should not be terminated from the services of the Bank. The petitioner, being aggrieved of the charge memo, filed Writ Petition No. 11793 of 1993 and this Court by order dated 15-4-1998 directed the Bank to keep in abeyance the charge memo/show-cause notice and to refer the matter to the concerned scrutiny committee constituted by the State Government to verify the 'caste certificate' issued by the Tahsildar, following the observation made by the Division Bench of this Court in the case of Babu Rao v. Canara Bank and Ors. , W. A. No. 4452 of 1995 connected with W. A. No. 4453 of 1995, DD: 30-7-1997;