Case Note & Summary
The petitioner, Prabhu Ramesh Haveri, an employee of Karnataka Power Transmission Corporation Limited (KPTCL), was issued a caste certificate recognizing him as belonging to a Scheduled Tribe. The Deputy Commissioner and Chairman of the Caste Verification Committee, Haveri, passed an order in August 2018 cancelling the caste certificate. The petitioner appealed to the Commissioner for Social Welfare and Appellate Authority, who dismissed the appeal on 18th October 2021. The petitioner challenged both orders before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India. The primary ground of challenge was that the orders were passed without affording any opportunity of hearing to the petitioner and were based on ex parte reports of the Tahasildar and the Superintendent of Police, which were not furnished to him. The High Court heard the matter and reserved orders on 21st February 2025, pronouncing judgment on 7th March 2025. The Court held that the impugned orders were unsustainable as they violated principles of natural justice. The Court quashed the orders and remitted the matter to the Deputy Commissioner for fresh consideration, directing that the petitioner be given an opportunity of hearing and that all relevant materials be furnished to him. The Court also directed that the petitioner's caste certificate be restored pending fresh consideration.
Headnote
A) Constitutional Law - Caste Certificate - Cancellation - Violation of Natural Justice - The petitioner's caste certificate was cancelled by the Deputy Commissioner and the appeal was dismissed by the Commissioner for Social Welfare without providing any opportunity of hearing to the petitioner. The orders were based on reports of the Tahasildar and the Superintendent of Police which were not furnished to the petitioner. Held that the impugned orders are unsustainable as they violate principles of natural justice. (Paras 1-10) B) Service Law - Caste Certificate - Scheduled Tribe - Validity - The petitioner, an employee of KPTCL, was issued a caste certificate recognizing him as belonging to a Scheduled Tribe. The Caste Verification Committee cancelled the certificate on the ground that the petitioner's community was not a Scheduled Tribe in the State of Karnataka. The appellate authority affirmed the cancellation. The High Court found that the orders were passed without any notice or hearing to the petitioner. Held that the orders are quashed and the matter is remitted for fresh consideration after affording an opportunity of hearing. (Paras 1-10)
Issue of Consideration
Whether the impugned orders cancelling the petitioner's caste certificate are sustainable in law when passed without affording an opportunity of hearing to the petitioner and based on ex parte reports.
Final Decision
The High Court allowed the writ petition, quashed the impugned orders dated August 2018 and 18th October 2021, and remitted the matter to the Deputy Commissioner for fresh consideration after affording an opportunity of hearing to the petitioner. The petitioner's caste certificate was directed to be restored pending fresh consideration.
Law Points
- Natural justice
- Caste certificate cancellation
- Opportunity of hearing
- Ex parte inquiry
- Scheduled Tribe certificate
