H. Bhanumurthy vs Management of Bharath Earth Movers Ltd.

K.L. Manjunath, J.—The appellant is questioning the legality and correctness of the order of dated 25.03.2013 in W.P. No. 11142/2013 passed by the learned single judge in this writ appeal.

The facts leading to this appeal are as hereunder:

"Pursuant to the notification No. RK/RC/68/77 issued by the respondent to fill up the Fitter/Mechanic-B (reserved for Scheduled Tribe Category) dated 30.09.1977, the appellant made an application on 02.11.1977 on the ground that he belongs to Hindu (Kadu Kuruba), which is classified as Scheduled Tribe Category. He also produced a Caste Certificate issued by the Tahsildar stating that he belongs to Kadu Kuruba (ST). An interview was held on 11.01.1978. Later he was appointed under the reserved quota for a post reserved under ST Category." 3. Later, a complaint was received by the respondent- management from one of the relatives of the appellant stating that appellant has secured the appointment as a ST candidate even though he does not belong to Kadu Kuruba and he belongs to Vaishnava Community. Based on the respondent''s standing order, an enquiry was held by calling upon the appellant herein to show cause as to why he shall not be removed from service on account of securing a job by producing a fake Caste Certificate. The appellant sent a detailed reply and thereafter an enquiry officer was appointed. In the enquiry, it was found that the appellant had secured an appointment by producing a fake Caste Certificate as if he belongs to the Kadu Kuruba (ST) even though he does not belong to the said community. Based on the enquiry report, the disciplinary authority after following the procedure, dismissed the appellant from the services. Challenging the order of dismissal the writ petition came to be filed. The learned single judge having examined the matter came to the conclusion that the appellant has secured the job by producing a fake Caste Certificate which post was reserved for ST candidate a Kadu Kuruba caste and the writ petition came to be dismissed accordingly. Challenging the same, present writ appeal is filed.

Mr. Sridhar, learned counsel appearing for the appellant contends that when the appellant had secured the job in the year 1978, in 1996, the respondent could not have initiated enquiry and only on the ground of delay and latches the appellant is entitled for the relief. According to him appellant has not suppressed any material and has not produced any fake Caste Certificate and no benefit is derived by the appellant because the respondent had received applications less than the required number of candidates. Therefore, even if the appellant had field an application claiming to be ST candidate, he has been selected under General Merit Category. Therefore, he requests to set aside the impugned order.

Per contra, learned counsel for the respondent submits that there is no delay and latches in initiating the proceedings. According to the respondent counsel, the respondent- management believed the Caste Certificate produced by the appellant. Based on the same he was appointed and immediately after receiving a complaint the enquiry proceedings were initiated and there is no delay in conducting the enquiry. Within a reasonable time enquiry was conducted and he has been dismissed from the service w.e.f. 25.11.1999.

Thereafter the matter was referred to the Labour Court at the instance of the appellant in REF. No. 27/2007. The Labor Court also concurred with the findings of the management. In the circumstances, he submits that on account of the pendency of the matter before several courts if the appellant had been continued, the same cannot be a ground to allow him to continue as an employee of the respondent. Even though he has secured the appointment by playing fraud and misrepresentation by producing fake caste certificate. In the circumstances he requests the court to dismiss the appeal.

Heard the learned counsel for the parties.

Having heard the learned counsel for the parties, the only point to be considered in this appeal is

"Whether the learned single judge has committed an error in order to interfere with the same?" 9. It is also not in dispute that the respondent -Management invited an application to fill up the post of mechanic reserved for ST category. It is also not in dispute that the appellant applied for the said post by producing the Caste Certificate of Kadu Kuruba claiming to be ST category. Believing the documents produced by the appellant, the appellant was appointed as a Mechanic-B under ST category by the respondent. The respondent came to know of the fraud played by the appellant only when a complaint was received by it from one of the relatives of the appellant. Immediately an enquiry was ordered and in the enquiry it was proved that the appellant does not belong to Kadu Kuruba (ST) caste. In such circumstances, the respondent dismissed the appellant from the service which has been confirmed by the Labor court so also by the learned single judge.

Against the concurrent findings of all the three authorities, the present appeal is filed to show that the appellant has not played fraud and that he made application claiming to be a Kuruba and not as Kadu Kuruba and that he was selected under GM Category, the appellant has not placed any material before this court. The only version of Mr. Sridhar is that there were large number of vacancies. Therefore, no benefit is derived by the appellant. Such a contention cannot be accepted when the post was advertised for a particular category and if a person who does not belong to such a category has claimed/obtained reservation by producing fake caste certificate. No court shall encourage such persons and allow him to continue in service and retire from the service.

If the same is continued and if courts were to encourage such practice, the purpose for which reservation is made would be defeated. Therefore, we do not see any merits in this appeal. Accordingly, appeal is dismissed.