PRABHAKAR Vs. SPECIAL DIVISIONAL COMMISSIONER BELGAUM DIVISION

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for the following reliefs. They are; (1) To declare that the disciplinary proceedings initiated as per the order dated 10.09.1992 against the petitioner as null and void; (2) For a writ in the nature of certiorari to quash the order dated 12.01.2001 passed by the Divisional Commissioner, (3) To quash the orders dated 31.03.1992 and 06.06.1992 passed by the Deputy Commissioner, Uttara Kannada, Karwar.

(2.) The petitioner was appointed as a Clerk in the third respondent Syndicate Bank in the year 1980. Petitioner secured this appointment claiming to be a Scheduled Caste candidate belonging to, Hindu-Bandi community. The Deputy Commissioner, Uttara Kannda district reported to the fourth respondent stating that the petitioner belongs to Baandhi community which is not a Scheduled Caste community and that the same is backward class community. The fourth respondent, on the basis of the report submitted by the Deputy Commissioner, issued a charge sheet to the petitioner on 10.09.1992 alleging that the petitioner obtained the appointment in the third respondent-Bank by falsely representing that he belongs to Scheduled Caste community. Since the reply submitted by the petitioner was not satisfactory, the disciplinary authority appointed an Enquiry Officer to enquire into the matter. The Enquiry Officer completed the enquiry and submitted his report stating that the charge levelled against the petitioner as proved. The Disciplinary Authority vide notice dated 31.05.1994 called upon the petitioner to show cause as to why he should not be dismissed from service. When the matter stood at that stage, the petitioner approached this Court in W.P.No.17396/1994 to quash the show cause notice issued by the Disciplinary Authority of the Bank dated 31.05.1994. The petitioner also filed another writ petition in W.P.No.36909/1994 to quash the letter dated 08.09.1992 issued by the Deputy Commissioner reporting the caste of the petitioner to the fourth respondent. This Court, by a common order dated 09-07-1996, disposed these writ petitions with a direction to the Deputy Commissioner to refer the issue of petitioner's caste to the caste Verification Committee. Till the Caste Verification Committee decides the caste of the petitioner, the Bank was directed not to proceed with the show cause notice issued by the Disciplinary Authority. Subsequently, the Caste Verification Committee by its order dated 31.08.1998 held, that the petitioner belongs to 'Baandhi' community which is a Backward Class community and not a Scheduled Caste community. Aggrieved by this order of Caste Verification Committee, petitioner filed an appeal before the Divisional Commissioner and the same came to be dismissed on 12-01-2001 confirming the order of Caste Verification Committee. Hence, this writ petition.

(3.) Sri. Umesh R. Malimath, Learned Counsel for petitioner contends, that the Government of India, in its notification dated 20-09-1976 included 'Bandi' community in the first schedule as Scheduled Caste community. In the Kannada version of the notification dated 20.09.1976, the caste 'Bandi' was translated as "Kannada". He contends, that the petitioner belongs to 'Bandhi' community and therefore he belongs to Scheduled Caste community. The findings of the Caste Verification Committee and also the order of the Divisional Commissioner are contrary to the Government of India's notification dated 20.09.1976 in Kannada. He contends, that the State Government has no power to alter or to give a different meaning to the Government of India's notification dated 20.09.1976. Reliance is placed on the following decisions. 1. State of Maharashtra Vs. Milind and Others (AIR 2001 SC 393) 2. Palghat Jilla Thandan Samudhaya Samrakshna Samithi and Another Vs. State of Kerala and Another ((1994) 1 SCC 359)