S B WALIKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Validity of action taken by respondents to ascertain the actual caste to which petitioner/s belong as they have availed of certain benefits conferred on persons belonging to Scheduled Caste and Scheduled Tribes is questioned in these petitions on the ground that 'Civil Rights Enforcement Cell' (hereinafter referred to as the 'Cell') has no jurisdiction or competence to deal with the matter and suffers from legal malafides.

(2.) Petitioner in writ petition No. 42402 of 1982 was appointed as probationary District Development Assistant in the year 1976 through Public Service Commission as a Scheduled Tribe candidate as he had produced a certificate from competent authority to the effect that he belonged to 'Koli Dhor' community. His contention is that when public Service Commission has accepted. Caste Certificate produced by him and has been exonerated of the charge of production of false certificate in departmental proceedings held against him, respondents cannot rake up matters settled and action of respondents smacks of malafides. Final order of Government in disciplinary proceeding made in No. RDC 85 ENQ. 77, dated 6th March 1982 reads thus:-

(3.) Form of notice issued by Cell to petitioner reads thus :-