Case Note & Summary
The case involves two writ appeals filed by Hindustan Aeronautics Limited (HAL) against an order of the learned Single Judge in Writ Petition No.29850/2014 dated 06/09/2016. The respondent, Smt. Hemavathy, was employed by HAL as a Senior Manager (Planning) based on a caste certificate claiming she belonged to the 'Nayaka' Scheduled Tribe. The District Caste Verification Committee, Mandya, after inquiry, cancelled her caste certificate on 31/08/2013, holding that she did not belong to the Scheduled Tribe. Consequently, HAL terminated her services. The learned Single Judge set aside the termination and directed reinstatement with continuity of service and 50% back wages. HAL appealed against this order. The Division Bench of the Karnataka High Court considered the appeals. The court observed that the Caste Verification Committee had conducted a detailed inquiry, issued a show cause notice, and gave an opportunity of hearing to the employee. The committee found that the employee's father was a 'Vokkaliga' and not a 'Nayaka' as claimed. The court held that the burden of proof lies on the person claiming the benefit of caste certificate, and the employee failed to discharge that burden. The court further held that once the caste certificate is cancelled on the ground of fraud, the appointment obtained on the basis of such certificate is void ab initio, and the employee is not entitled to any relief. The court allowed the appeals, set aside the order of the learned Single Judge, and dismissed the writ petition filed by the employee. The court also directed that the employee shall not be entitled to any back wages or other benefits.
Headnote
A) Service Law - Caste Certificate - Cancellation - Termination - The appellant-employer challenged the order of the learned Single Judge directing reinstatement of the respondent-employee whose caste certificate was cancelled by the Caste Verification Committee. The Division Bench held that once the caste certificate is cancelled on the ground of fraud, the appointment obtained on the basis of such certificate is void ab initio, and the employee is not entitled to any relief. The appeal was allowed and the order of the learned Single Judge was set aside. (Paras 1-10) B) Evidence - Burden of Proof - Fraud - The court held that the burden of proving that the caste certificate was genuine lies on the person claiming the benefit. In this case, the employee failed to produce any evidence to show that she belonged to the Scheduled Tribe category. The Caste Verification Committee's report was based on a detailed inquiry and was binding. (Paras 5-8) C) Natural Justice - Opportunity of Hearing - The court noted that the Caste Verification Committee had issued a show cause notice and gave an opportunity of hearing to the employee before cancelling the certificate. Therefore, principles of natural justice were complied with. (Para 6)
Issue of Consideration
Whether the termination of an employee based on cancellation of caste certificate obtained fraudulently is valid, and whether the employee is entitled to reinstatement or any relief.
Final Decision
The appeals are allowed. The order dated 06/09/2016 passed by the learned Single Judge in Writ Petition No.29850/2014 is set aside. The writ petition filed by the respondent-employee is dismissed. The employee shall not be entitled to any back wages or other benefits.
Law Points
- Caste certificate cancellation
- fraud
- termination of employment
- natural justice
- burden of proof
- Karnataka Scheduled Castes
- Scheduled Tribes and Other Backward Classes (Regulation of Issue and Verification of) Act
- 2000
