SMT. J. HEMAVATHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 14.01.2014 passed by the disciplinary authority viz., the Director, Hindustan Aeronautics Limited (HAL), thereby imposing punishment of dismissal from service on the ground that petitioner had obtained appointment in respondent - HAL by producing false caste certificate against a post meant for reserved candidate. As the appeal filed against this order was dismissed on 04.03.2014 by the Appellate Authority/3rd respondent, petitioner has also challenged the order passed by the appellate Authority.

(2.) Facts leading to the writ petition stated briefly are, petitioner applied for the post of Engineer (Grade-II) in the respondent - Company enclosing the caste certificate showing her as a person belonging to 'Jenu Kuruba ' community/scheduled tribe. The Tahsildar, Mandya had issued a caste certificate showing petitioner as person belonging to scheduled tribe. Petitioner was appointed by respondent - Company on 10.07.1997. On 24.06.2013 petitioner received a show-cause notice from his employer as to why she should not be dismissed from service based on the findings of the District Caste Verification Committee dated 16.11.2009 where under it had been found that the caste certificate issued in favour of petitioner showing her as a person belonging to scheduled tribe was wrong and that the same deserved to be cancelled. The disciplinary authority alleged that petitioner had secured employment on the basis of false caste certificate and therefore, she was liable to be dismissed from service.

(3.) Petitioner submitted a reply to the said show-cause notice. Considering the reply submitted, 3rd respondent passed the impugned order dated 14.01.2014 dismissing petitioner from service. Appeal filed against the said order has been dismissed on 04.3.2014. In this background, present writ petition has been filed.