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SCA/13703/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13703 of 2010
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MANSINGHJI
BADAJI THAKORE - Petitioner(s)
Versus
UTTAR
GUJARAT VIJ CO LTD - Respondent(s)
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Appearance :
MR
TR MISHRA for
Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 14/10/2010
ORAL
ORDER
1. The
petitioner wants to invoke misplaced sympathy by contending that he
has not committed any wrong in obtaining a caste certificate
registration No.2147 from Mamlatdar, Patan wherein he is described as
a member of Scheduled Tribe (Hindu ‘Koli’) (Adivasi). On the basis
of this certificate, the petitioner obtained employment in the year
1987.
1.1 In the year
2001, a show cause notice was given to him dated 21.07.2001. Without
replying to that show cause notice, the petitioner approached this
Court by filing Special Civil Application No.6442 of 2001, which came
to be disposed of by this Court (Coram: Hon’ble Mr.Justice
P.B.Majmudar, as he then was) by order dated 08.08.2001. The Court
observed that:-
However, this petition
is filed only at the show cause notice stage. The petitioner has
already given reply to the show cause notice and, therefore,
the authority is definitely going to take into consideration
whatever contentions are raised by the petitioner in the reply.
At this stage, however, this Court cannot entertain the present
petition as no final order is passed against the petitioner on the
basis of the show cause notice at page 40. The petition is,
therefore, not required to be entertained as it is premature.
1.2 The Court,
however, granted indulgence and extended protection for a period of
10 days against any order, adverse to the petitioner if passed. The
petitioner was happy and satisfied with this order. It is the case
of the petitioner that till today, no adverse order is passed by the
authorities.
1.3 It
is the case of the petitioner that now once again
the authorities have issued a show cause notice to the petitioner.
The petitioner did not reply to this 2nd
show cause notice and has come to this Court by way of this petition.
2. Learned
Advocate for the petitioner invited attention of the Court to a
document at Annexure-P, page No.68. It is dated 20.09.2010, wherein
it is mentioned that, You are in receipt of show cause notice
dated 13.09.2010.
You sought extension of 15 days to reply that notice. The said
extension was granted and that extended period has already expired
yesterday on 13.10.2010 .
3. The
petitioner has not filed any reply and has chosen to approach this
Court against an apprehended termination.
3.1 It is
important to note that this time, there is an inquiry report served
to the petitioner and the findings of the inquiry are that the
petitioner did produce a certificate, which is not a correct
certificate. It is mentioned in the said inquiry report that, the
Vigilance Officer, Palanpur, Banaskantha has conveyed by letter dated
28.10.2003 that Mamlatdar, Patan issued a certificate to the
petitioner that he is belonging to Scheduled Tribe without sufficient
inquiry . Not only that, it is recommended by the Vigilance
Officer that, necessary action be taken against the said
Mamlatdar . Besides, as no certificate from ‘Social Welfare
Officer’ or ‘a School Leaving Certificate’ is produced and therefore,
his contention that he belongs to ‘Koli’ community is not accepted.
The Inquiry Officer held that, ‘the charge against the petitioner
stands proved’.
4. Only because
the petitioner could continue in service for so long should not be
the ground for granting him any indulgence otherwise a message will
go to the society that if at the fag end of the service, if an
illegality is detected, no action will be taken against the
defaulters. If it is found that the employment was obtained on the
basis of false certificate, services must be terminated and its
natural consequences must follow.
5. With these observations,
the petition, having been found without any substance, is dismissed.
(Ravi
R.Tripathi, J.)
*Shitole
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