JAYASHREE G NAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking for quashing of the show cause notice issued by respondents 3 & 4 directing the petitioner to show cause as to why she should not be reverted back to the clerical cadre. In the writ petition, the petitioner also seeks for quashing and setting aside the proceedings initiated and concluded by the Tehsildar, respondent no.2 whereby the Scheduled Tribe certificate issued to the petitioner was cancelled.

(2.) The petitioner joined the clerical cadre in the respondents 3 & 4 bank on 30.12.75. It is alleged that the petitioner married a Scheduled Tribe on 9.10.1978 and thereafter she was accepted as one of the members of the said community and, therefore, laid a claim that she has for all intent and purpose has become a member of the scheduled tribe. The father-in-law of the petitioner filed an affidavit on 11.3.1983 to the effect that the petitioner is a member of the schedule tribe community and on the basis of the aforesaid affidavit, the Tehsildar, Puttur,Karnataka issued a scheduled tribe certificate to the petitioner on the basis of the aforesaid declaration filed by the father-in-law of the petitioner. The aforesaid certificate issued on 11.3.1983 declares the petitioner to be belonging to the scheduled tribe community. On the basis of the aforesaid certificate, the petitioner submitted an application for consideration of her case in the special promotion test conducted exclusively for scheduled castes, and scheduled tribes categories. The case of the petitioner was also considered on the basis of the particulars furnished by the petitioner in the application submitted to the respondent bank. The petitioner was selected and was promoted to the post of Assistant Manager as against scheduled tribe quota, on 9.6.83. The respondents, however, brought to the knowledge of the petitioner by letter dt.26.2.1983 that all promotions shall be subject to verification of caste certificate and an employee who is promoted on the strength of his/her statement that he/she belongs to scheduled caste/scheduled tribe categories, would be liable for termination in accordance with relevant rules and regulations, if after verification it is found that the claims of scheduled caste/scheduled tribes are found to be false. In terms thereof, the respondent bank issued a letter to the petitioner on 10.5.1984 directing her to produce her caste certificate for verification. In response to the said communication, the petitioner submitted her caste certificate to the respondent bank, which was considered and during the verifications made by the respondent bank, it came to light that the aforesaid certificate issued to the petitioner, treating her as a member of the scheduled tribe community, was cancelled by the Collector, Puttur, Karnataka. Accordingly, the aforesaid show cause notice dt.27.6.1984 was issued to the petitioner by the respondent bank intimating the petitioner that the declaration made by her as belonging to scheduled tribe category in her application submitted in response to Circular No.51/83/8C/PER/14/HRD, on the basis of which she was promoted to the officer cadre, was not true and correct. Accordingly, she was asked to show cause as to why she should not be reverted to clerical cadre. Immediately, on receipt of the aforesaid communication the petitioner filed the present petition in this court seeking for the aforesaid reliefs from this court.

(3.) While issuing notice, this court passed an interim order directing the respondent bank not to demote the petitioner till further orders and accordingly till date the petitioner continues to hold the said officer cadre post.