Case Note & Summary
The petitioners, employees of State Bank of Mysore and Canara Bank, were issued a communication by the Additional Director General of Police, Directorate of Civil Rights Enforcement, directing their employer banks to terminate their services with immediate effect on the ground that their caste certificates were found to be false upon verification. The petitioners challenged this communication by filing writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of the directive and a direction to the banks not to act upon it. The court examined the jurisdiction of the police authority and found that the Directorate of Civil Rights Enforcement does not have the power to direct termination of employment based on caste certificate verification. The proper procedure under the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issue and Verification of) Caste Certificates Act, 2000, requires verification by the prescribed authority and an opportunity of hearing to the affected persons before any adverse action. The court held that the impugned communication was arbitrary, illegal, and without authority of law, and quashed the same. The court also directed the banks not to take any coercive action against the petitioners based on the said communication. The petitions were allowed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Quashing of Police Directive - The High Court exercised its writ jurisdiction to quash a communication from the Additional Director General of Police directing the employer bank to terminate the services of the petitioners based on a caste certificate verification report, as the police authority lacked jurisdiction and the directive violated principles of natural justice. (Paras 1-10) B) Service Law - Termination of Employment - Caste Certificate Verification - The court held that the police authority cannot direct termination of employment based on a verification report without following the statutory procedure under the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issue and Verification of) Caste Certificates Act, 2000, and without giving the employees an opportunity to be heard. (Paras 11-20) C) Administrative Law - Natural Justice - Opportunity of Hearing - The court emphasized that any decision affecting the service conditions of an employee must be preceded by a fair hearing, and the impugned directive was issued in violation of natural justice. (Paras 15-18)
Issue of Consideration
Whether the Additional Director General of Police, Directorate of Civil Rights Enforcement, has the jurisdiction to direct the employer bank to terminate the services of the petitioners based on a report that their caste certificates were found to be false, without following the procedure under the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issue and Verification of) Caste Certificates Act, 2000, and without affording an opportunity of hearing to the petitioners.
Final Decision
The High Court allowed the writ petitions, quashed the communication dated 26.9.2014 from the Additional Director General of Police, and directed the banks not to take any coercive action against the petitioners based on the said communication.
Law Points
- Caste certificate verification
- jurisdiction of police
- natural justice
- termination of employment
- Karnataka Scheduled Castes
- Scheduled Tribes and Other Backward Classes (Regulation of Issue and Verification of) Caste Certificates Act
- 2000
- Articles 226 and 227 of Constitution of India
