Case Note & Summary
The petitioner, Mrs. Ruchira Manoj Bende, was employed by the Zilla Parishad, Thane and claimed to belong to the 'Halba' Scheduled Tribe. She was terminated by an order dated 29th September 2014 issued by the Chief Executive Officer, Zilla Parishad, Thane on account of non-submission of a caste validity certificate. The petitioner challenged the termination before the Bombay High Court. The respondent-Zilla Parishad argued that since 2008, they had continuously demanded documents from the petitioner to forward to the Caste Scrutiny Committee, but the petitioner did not co-operate, leaving no alternative but to terminate her services. The learned AGP submitted that nine months are required for final disposal and that there are about 4500 pending cases before the Caste Scrutiny Committee, Nagpur region. The petitioner's counsel relied on a Division Bench order in Writ Petition No.8133 of 2014 dated 29th September 2014, submitting that the Chief Executive Officer has no power to terminate services for non-submission of a caste validity certificate. The court examined Section 10 of the Maharashtra Schedule Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and found that the Chief Executive Officer is not conferred with the power to terminate services before the Caste Verification Committee exercises its jurisdiction and passes a final order on the proposal. Since the proposal was still pending before the Committee, the termination order was unsustainable. The court quashed and set aside the termination order and directed the petitioner to co-operate with the Caste Scrutiny Committee, which was directed to decide the matter within six months from the date of receipt of the proposal. The petition was allowed.
Headnote
A) Service Law - Termination - Caste Validity Certificate - Power of Chief Executive Officer - The Chief Executive Officer, Zilla Parishad terminated the petitioner's services under Section 10 of the Maharashtra Schedule Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 for non-submission of caste validity certificate. The court held that the CEO is not conferred with the power to terminate before the Caste Verification Committee exercises its jurisdiction and passes a final order. The impugned order was quashed and set aside. (Paras 6-7) B) Service Law - Caste Scrutiny - Co-operation - The petitioner undertook to co-operate with the Caste Scrutiny Committee for early disposal. The court directed the Committee to decide the matter within six months from the date of receipt of the proposal. (Para 7)
Issue of Consideration
Whether the Chief Executive Officer, Zilla Parishad has the power to terminate the services of an employee for non-submission of a caste validity certificate before the Caste Scrutiny Committee passes a final order on the proposal.
Final Decision
The impugned order of termination dated 29th September 2014 passed by the Chief Executive Officer, Zilla Parishad, Thane is quashed and set aside. The petitioner is directed to co-operate with the Caste Scrutiny Committee for early disposal. The Committee is directed to decide the matter within six months from the date of receipt of the proposal. Rule is made absolute in those terms.
Law Points
- Termination without authority of law
- Power of Chief Executive Officer under Maharashtra SC/ST Act
- 2000
- Caste validity certificate pending before Scrutiny Committee
