SHIVASHEKHARAYYA TIGARIMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the arguments of the petitioner's counsel and also the learned AGA for respondent-No.2. Though respondent No.1 was served with notice he did not choose to appear before this Court.

(2.) The petitioner invoking writ jurisdiction under Article 226 of the Constitution of India r/w Section 482 of Cr.P.C. prayed this Court to quash the proceedings initiated against this petitioner in filing the charge sheet in Special C.C.(AC) No.25/2018 pending on the file of the District and Sessions Judge, Koppal and to quash the further proceedings including the order taking cognizance dated 25/6/2018 against this petitioner and pass such any other relief as deems fit, in the facts and circumstances of the case.

(3.) The factual matrix of the case is that petitioner has completed Degree in Veterinary Science in the year 1992. The petitioner contends that the Karnataka Public Service Commission called for applications to the post of Veterinary Officers and the petitioner applied to the said post claiming reservation under Bedajangama community. However, the Karnataka Public Service Commission rejected his claim that he is not belongs to scheduled caste in the year 1993. In the mean time, respondent-Department called for applications to the post of veterinary officers on contract basis and he reported to duty on 27/9/1994. and the Government of Karnataka also notified 235 posts of Veterinary Officer for continuation on contract basis from time to time under four stages. The other contention of the petitioner that Government notification dated 2/5/1997 promulgated the rules called Karnataka Civil Services (Absorption of Contract Veterinary officers in Animal Husbandry and Veterinary Services) (Special) Rules 1997 and absorbed all contract veterinary officers including petitioner herein and the Director issued circular in the month of October 1995 informing and directing all persons who have claimed reservation to produce caste certificate to fix the roaster. Petitioner had obtained caste certificate claiming III(B) Certificate (Lingayat) on 1/8/1995. When the petitioner was directed to produce the caste certificate immediately, produced the caste certificate informing that he belongs to III(B) category and absorbed his service and thereafter, the Government has issued Notification dated 16/6/1997 absorbed him for a period of 2 years subject to certain conditions and the petitioner has passed prescribed examination and thereafter, declared his probationary and his service book is also maintained. His service book would also indicates that he has never claimed reservation under the Scheduled caste category and the Director has also issued seniority list of veterinary officer and there also he has been shown under the General Merit category. All these facts would establish that the petitioner never claimed reservation under SC category and department also recognized that the petitioner was not appointed by virtue of any relaxation or benefit given to a scheduled caste category. The name of the petitioner at Sl.No.34 belonging to General Merit category and not under the SC category. It is further contended that when the things stood thus, to the utter shock and surprise of the petitioner, the petitioner was dismissed from service on the presumption and assumption that petitioner herein had obtained employment claiming reservation under SC category by producing false caste certificate that he belongs to Bedajangama which was later in the year 2009 cancelled by the Tahasildar, Koppal Taluk. The petitioner being aggrieved by the Order of dismissal from service, has approached the Hon'ble Karnataka State Administrative Tribunal in Application No.5755/2018 seeking to quash the order of dismissal and interim order was also granted and the said application is pending for consideration. It is the contention of the petitioner that petitioner was actually appointed under General Merit category on contract basis and subsequently, absorption order was issued and nowhere in the service records shown that he belongs to SC category and he never misrepresented the Government that he belongs to SC category. In the meanwhile, on the same set of allegation that petitioner has obtained employment by producing false caste Certificate, the Additional Director General of Police, Directorate of Civil Right Enforcement, Bangalore by order dated 22/4/2015 has accorded permission for launching criminal prosecution. Based on the said permission, filed a complaint on 5/5/2015 before the Station House Officer, Koppal City Police station alleging that the petitioner has obtained employment by producing false caste certificate. Based on the said complaint, case has been reasserted against the petitioner for the offence punishable under Section 198, 420 and Section 3(1)(ix) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.