YELLAPPA Vs. STATE

JUDGEMENT

(1.) In the instant petition, petitioner has assailed the order of Karnataka State Administrative Tribunal, Bangalore (for brevity 'Tribunal') passed in Application No.3114/2017 dated 14.03.2018 and order of dismissal from services issued by the second respondent dated 25.05.2017 (Anneuxre-A19).

(2.) Brief facts of the case are that the petitioner belongs to Koli (Kolidhoor) caste, which is stated to fall under Schedule Tribe and was selected to the post of Clerk-cum- Typist under Schedule Tribe category by the Karnataka Public Service Commission. He was allotted to the Department of Small Savings and Karnataka State Lottery on 11.09.1985. He had earned promotion to the cadre of Assistant Development Officer and Development Officer on 01.04.1990 and 28.05.2007 respectively. State Government took a policy decision to waive off any action against such of those Government Servants who have claimed appointment with reference to particular caste do not fall under Schedule Tribe category. In this regard Government order was issued on 11.03.2002 bearing No. SWD 713 SAD 93, in which Government Servants who were appointed against Government Servant post without valid Schedule Tribe Certificate holder were directed to surrender their caste certificate and get it cancelled to avoid disciplinary/criminal action. The petitioner had not acted upon in surrendering caste certificate dated 21.02.1984. Respondent No.3 issued notification on 06.04.2008 which was notified in Vijay Karnataka Daily News paper relating to action against such of those Government Servants who have obtained appointment by producing Schedule Tribe certificate which is not in accordance with law and action could be taken against such of those persons.

(3.) Pursuant to such notification petitioner surrendered his caste certificate before the concerned Tahasildar on 27.12.2008, Tahasildar, Vijayapur cancelled the Schedule Tribe Caste Certificate issued to the petitioner. In this regard petitioner furnished a representation to the second respondent on 29.12.2008 to carryout necessary correction in the service book. Competent Authority proceeded to alter date of promotion and reverted the petitioner from the post of Development Officer to that of Assistant Development Officer and further monitory benefits which was availed by the petitioner sought to be recovered on 21.01.2011. When things stood thus, respondent No.3 stated to have rake up the issue relating to production of false caste certificate by the petitioner and proceeded to hold inquiry and in the inquiry it was held that petitioner produced false caste certificate. Such action of respondent No.3 is pursuant to the Government Circular dated 04.05.2013 that petitioner has not acted upon the Government Order dated 11.03.2002. Thus, the petitioner has delayed in surrendering the caste certificate for cancellation for about six years.