SUNANDA JAGANNATH RUIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India impugns the decision of the Scrutiny Committee thereby invalidating the petitioner's Tribe's claim as belonging to "Mahadeo Koli" Scheduled Tribe and cancellation and confiscation of the caste certificate dated 7/11/1988 issued in her favour by the Executive Magistrate, Sinnar, Dist. Nashik. In response to the advertisement published by the Secretary of the Banking Service Regulation Board, Western Group, Mumbai the petitioner had submitted her application to the said Board on 15/11/1986 and claimed that she belong to a Scheduled Tribe. She appeared for the written examination conducted by the Board on 10/5/1987 and after having passed the same she was called for personal interview when she was called upon to submit her bio-data. On 11/10/1988 she was informed that she was provisionally selected for appointment to the post of Clerk and her name was allotted to the Syndicate Bank (the Bank for short). Accordingly she reported for duty with said Bank where she was called upon to submit a fresh caste certificate in the prescribed form and in response to the same she submitted the caste certificate on 7/11/1988 issued by the Executive Magistrate, Sinnar, Dist. Nashik which stated that she belongs to "Mahadeo Koli" Scheduled Tribe. Based on the said certificate she was appointed vide appointment order dated 26/12/1988 by the Bank for the post of Clerk and came to be confirmed in the said post with effect from 26/6/1989.

(2.) The Bank referred the petitioner's Tribe's claim for verification and the Scrutiny Committee invalidated her tribe's claim by its order dated 20/10/1995 and the said order came to be challenged before this Court in Writ Petition No.2464 of 1996. It was pointed out before this Court that the caste claim of the petitioner was heard by only one member of the Committee but it was signed by three members and, therefore, the order was vitiated on the grounds of principles of natural justice. It was also pointed out that investigation into the tribe's claim of the petitioner was not done properly.

(3.) On remand the petitioner appeared before the Scrutiny Committee along with the order and submitted the documents. The vigilance enquiry was ordered and the vigilance enquiry report dated 30/3/1998 was submitted to the Committee. A copy of the said report was also made available to the petitioner vide the Committee's letter dated 1/4/1998 and she submitted her reply to the same on 9/7/1998 pointing out that many of her near relations' caste claim was validated by the Scrutiny Committee. The Committee considered the documents submitted by her, the vigilance enquiry report as well as the replies given by the petitioner during the course of personal hearing and invalidated her claim as belonging to "Mahadeo Koli" Scheduled Tribe as per the impugned order dated 23/8/1999. This petition was admitted on 21/9/2000 but there was no interim relief granted.