BHARAT ELECTRONICS LTD Vs. S SHIVAKUMAR

JUDGEMENT

(1.) THIS Writ Appeal is filed against the Judgment dated 15th February 2005 in Writ Petition No. 24228/2002 which was allowed by the learned Single Judge. The appellants are the respondents in the Writ Petition.

(2.) THE respondent herein (writ petitioner) was appointed as a Draughtsman-C in the Bharat electronics Limited, Jalahalli (first appellant) and he joined duty on 16. 7. 1993. The said appointment was given to him giving the benefit of reservation as a member of a Scheduled tribe. However, as per Annexure "a" order dated 30. 5. 2002, he was dismissed from service of the first appellant with immediate effect. The dismissal was on the ground that he was not a member of any Scheduled Tribe and that he obtained the employment by deliberately making false statement in his employment application form and attestation form to the effect that he belongs to Kadukuruba community. According to the appellants, the respondent belongs to kuruba community which is admittedly not a Scheduled Tribe. Before issuing Annexure "a" order, charge sheet was served on the respondent and a domestic enquiry was conducted and on the basis of the enquiry report, a show cause notice was issued to him and the explanation submitted by the respondent was considered by the appellants. Aggrieved by the order of dismissal from service, the respondent filed the Writ Petition challenging Annexure "a" order. After considering the rival contentions, the learned Single Judge passed the following Orders:

(3.) AGGRIEVED by the order of the learned Single Judge, the respondents in the Writ Petition have filed this appeal.