K S CHALAM Vs. BANK OF INDIA

JUDGEMENT

(1.) The petitioner has joined the services of the respondents-Bank as Clerk/ Typist on 12-08-1974. His services were confirmed on 12-02-1975. A Show Cause Notice was given to him bearing No.PMK: 15224 dated 02-09-1975. The petitioner had sought selection and appointment on the ground that he was a member of the Scheduled Tribe. After he got appointed a Show Cause Notice was given to him by which he was asked as to why his services should not be terminated as the caste to which he belonged had been denotified as a Schedule Tribe. The Show Cause Notice was based on terms contained in Clause 1(9) of the Appointment Order which reads as under: '"Your services are liable to be terminated with appropriate notice if it is revealed at any time after your appointment that the information given and the particulars furnished by you in the printed application form and its enclosures are materially incorrect or false, or any particulars called for by the Bank therein or thereafter are wilfuly suppressed by you."

(2.) That notice was replied on 22-09-1975. In his reply the petitioner had stated that he had obtained the certificate of being a member of Scheduled Tribe which was a genuine certificate when issued in the year 1973. G.O.Ms.No.1793 Edn. dated 23-09-1970 was in force at that time and the caste i.e., Mangali (Nayi-Brahmin) to which the petitioner belonged was declared to be a Scheduled Tribe. The certificate was accordingly issued to him on 30-06-1973. He further stated that he was appointed in the Bank through a competitive test. He further stated that when he was asked by the Bank to submit a certificate on the proforma supplied by the Bank, he approached the Tahsildar Office where he was informed by the Tahsildar that Mangali (Nayi-Brahmin) was now denotified to be a member of the Scheduled Tribe, but, he was treated as backward class.

(3.) On seeing this explanation, the competent authority passed the following order on 03-5-1976: