P. Ramachandran v. Union of India & CISF (W.P.(C) No. 31786 of 2016)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **MONDAY, THE 18TH DAY OF DECEMBER 2017/27TH AGRAHAYANA, 1939** ## **WP(C).No. 31786 of 2016 (W)** **----------------------------** ## **PETITIONER(S):** **----------------------------** **P.RAMACHANDRAN NO.764501801 HEAD CONSTABLE/GENERAL DUTY (DISMISSED FROM SERVICE), CENTRAL INDUSTRIAL SECURITY FORCE, VIKRAM SARABAI SPACE CENTRE, THUMBA, THIRUVANANTHAPURAM-695022, RESIDING AT 29/10A2, DEVAN VILAI HOUSE, NORTH STREET, MARTHANDAM, KANYAKUMARI DISTRICT-629165.** ## **BY ADV. SRI.S.VISHNU** ## **RESPONDENT(S):** **--------------------------------** **1. THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCES CENTRAL INDUSTRIAL SECURITY FORCE, VIKRAM SARABAI SPACE CENTRE, THUMBA, THIRUVANANTHAPURAM-695022.** **2. THE DEPUTY INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE, DEPARTMENT OF SPACE HEADQUARTRS, NEW BEL ROAD, BANGALORE-560231.** **3. THE INSPECTOR GENERAL SOUTHERN SECTOR, CENTRAL INDUSTRIAL SECURITY FORCE, SOUTH SECTOR, CHENNAI-600 009.** **4. THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE HEADQUARTERS, BLOCK NO.13, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI-110 003.** **5. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001.** - **BY ADV. SRI.T.V.VINU, CGC BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 31786 of 2016 (W)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** ## **--------------------------------------** **EXHIBIT P1: TRUE COPY OF THE ENQUIRY REPORT ISSUED BY THE IST RESPONDENT.** **EXHIBIT P2: TRUE COPY OF THE ORDER NO.V-15014/CISF/VSSC/DISC/PR/2011/7530 DATED 28.11.2011 ISSUED BY THE IST RESPONDENT.** **EXHIBIT P3: TRUE COPY OF SECONDARY SCHOOL LEAVE CERTIFICATE OF THE PETITIONER ISSUED BY THE GOVERNMENT OF TAMILNADU VIDE SL.NO.065237.** **EXHIBIT P4: TRUE COPY OF COMMUNICTY CERTIFICATE ISSUED BY TAHSILDAR, VILAVANCODE ON 11.2.1977.** **EXHIBIT P5: TRUE COPY OF THE SUBMISSION DATED 20.12.2012 TO THE 4TH RESPONDENT.** **EXHIBIT P6: TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.7857/2004 OF THE HON'BLE SUPREME COURT OF INDIA.** **EXHIBIT P7: TRUE COPY OF THE REQUEST DATED 14.8.2014 TO THE 4TH RESPONDENT.** **EXHIBIT P8: TRUE COPY OF THE TRANSFER CERTIFICATE NO.411/73 ISSUED BY THE HEADMASTER, T.C.K. HIGH SCHOOL, PADANTHALUMOODU P.O., KANYAKUMARI.** **EXHIBIT P9: TRUE COPY OF THE CERTIFICATE NO.9231225 ISSUED BY THE DEPUTY TAHSILDAR, VILAVANCODE.** **EXHIBIT P10: TRUE COPY OF THE REPORT OF THE RDO DATED 25.8.2010.** ## **EXHIBIT P10(A):ENGLISH TRANSLATION OF EXHIBIT P10.** **EXHIBIT P11: TRUE COPY OF THE REPLY DATED 16.5.2011 TO THE IST RESPONDENT.** **EXHIBIT P12: TRUE COPY OF T.O.(2D)NO.108 DATED 12.9.2007 ISSUED BY THE STATE OF TAMILNADU.** **EXHIBIT P13: TRUE COPY OF THE JUDGMENT DATED 10.6.2016 IN WPC NO.39414/2015 OF THE HON'BLE COURT.** **EXHIBIT P14: TRUE COPY OF THE ORDER NO.S.V-14013/475/2015/L&R/2966 DATED 31.8.2016 ISSUED BY THE 4TH RESPONDENT.** **EXHIBIT P15: TRUE COPY OF THE REQUEST DATED 13.6.2011 TO THE ENQUIRY OFFICER, CISF UNIT, VSSC, THUMBA.** ## **WP(C).No. 31786 of 2016 (W)** **RESPONDENT(S)' EXHIBITS ----------------------------------------------** **R.AV** **//TRUE COPY// PA TO JUDGE** **NIL** ## **P.V. ASHA, J.** **= = = = = = = = = = = = = = = = = W.P.(C) No.31786 of 2016(W)** **- - - - - - - - - - - - - - - - - - - - - -** _Dated this the 18[th] day of December, 2017_ ## **J U D G M E N T** The petitioner, who was working as a Head Constable in Central Industrial Security Force (CISF) has filed this writ petition challenging Ext.P2 order by which he is dismissed from service and Ext P14 by which his appeal is rejected. He is also challenging Ext.P1 enquiry report leading to the dismissal and is seeking a direction to the respondents to grant him compassionate allowance. 2. The petitioner was appointed as a Security Guard on 14.07.1976 in CISF, against a vacancy reserved for Scheduled Caste community. During the process of recruitment in CISF, on 12.04.2011, he had produced a caste certificate, according to which he belonged to Scheduled Caste (Hindu Chakravar) community. A Memo of Charge was issued to him alleging that the caste certificate produced by him at the time of recruitment **W.P.(C) No.31786 of 2016(W)** ## **-: 2 :-** was bogus and he got appointment against the vacancy reserved for Scheduled Caste community which amounted to the gross misconduct and indiscipline unbecoming of a member of disciplined Armed Force. In the enquiry conducted pursuant to that the petitioner was found guilty and it resulted in Ext.P2 order of dismissal. The petitioner submitted Ext.P5 appeal which was rejected as per Ext.P14 order confirming order of dismissal. The writ petition was filed at that stage. 3. The contention of the petitioner is that an enquiry into the caste status was not conducted in tune with the law laid down by the Hon'ble Apex Court in _**Madhuri Patel v. Additional Commissioner, Tribal Development**_ [AIR 1995 SC 94]. According to the petitioner, Ext.P12 is the procedure to be followed for determining the caste status when there is dispute. 4. The respondents have filed a detailed counter ## **W.P.(C) No.31786 of 2016(W)** ## **-: 3 :-** affidavit, reiterating the findings in the order Exts.P2 and P14. In paragraph 27 of the counter affidavit it is stated that the Eenquiry Officer came to the conclusion that the certificate produced by the petitioner in support of his claim that he belongs to Hindu (Chakravar) was not a genuine one, as the said community is not included in the list of Scheduled Caste communities of Tamilnadu State. It is also stated that the said conclusion was arrived at on the basis of the report received from the competent authority, the District Collector. 5. The learned counsel for the petitioner points out that the procedure to be followed for determining the caste status is governed by Ext.P12 in the State of Tamilnadu, according to which the authority to enquire into the genuineness of the caste certificate and to pass final orders is the District Level Vigilance ## **W.P.(C) No.31786 of 2016(W)** ## **-: 4 :-** Committee. 6. As rightly contented by the learned Counsel for the petitioner, Ext P12 shows that the authority competent to inquire into the caste status is not the District Collector and he is not the competent authority. Therefore the order of removal relying on the conclusions arrived at on the basis of report of the District Collector on the caste status is unsustainable. 7. In the above circumstances, the orders in Exts.P2 and P14 orders are set aside. Respondents shall be free to proceed with the enquiry in accordance with the law laid down in the judgment in _**Madhuri Patel**_ ' _s case(Supra),_ after referring the issue regarding caste status of petitioner to the District Vigilance Committee and after obtaining their report in accordance with the procedure prescribed in Ext P12. As the petitioner has already retired from service, the proceedings shall be ## **W.P.(C) No.31786 of 2016(W)** **-: 5 :-** completed as expeditiously as possible. This writ petition is disposed of accordingly. Sd/- **P.V. ASHA** **JUDGE** DST //True copy// P.A. To Judge