G M INDIAN BANK Vs. R RANI

JUDGEMENT

(1.) Leave granted.

(2.) The private respondents in these appeals were appointed in the banks against the vacancies of Scheduled Tribe as they claimed themselves to be members of Konda Reddy Community which is a Scheduled Tribe. Most of them were appointed by the Indian Bank but some of them by the State Bank of India. Subsequently it transpired that they did not belong to Konda Reddy Community, as such an enquiry was directed which was conducted by a District Level Committee which found that they did not belong to Konda Reddy Community and accordingly certificates granted in their favour were cancelled. In all the cases, except in Civil Appeal No. 54/2005, the private respondents challenged the aforesaid decision of the District Level Committee before the State Level Committee which confirmed the same in most of the cases whereas in other cases matters remained pending before the State Level Committee. In the meantime, in accordance with the decisions of District Level Committee the services of private respondents were terminated which necessitated filing of the Writ Petitions before the High Court, which have been allowed by different orders. In all the cases orders passed by the Committee cancelling the certificates and consequential orders of termination have been quashed and it has been directed that it would be open to the properly constituted Committee to hold fresh enquiry in accordance with law. In some of the Writ Petitions directions have been given for reinstatement also. In relation to payment of back-wages it has been directed in some of the Writ Petitions that the same would abide the result of enquiry by a properly constituted Committee. In Civil Appeal No. 54/2005 against the order of single Judge when the matter was taken in appeal the same has been confirmed whereas in other cases no appeal was filed. Hence, these appeals by the Indian Bank as well as State Bank of India by Special Leave.

(3.) Learned counsel appearing on behalf of the appellants in Supplort of the appeals submitted that the High Court was not justified in holding that constitution of the Committee was not in accordance with the judgment rendered by this Court in the case of Kumari Madhuri Patil and Anr. vs. Addl. Commissioner, Tribal Development and Ors., (1994) 6 SCC 241, as the directions contained therein in relation to constitution of the Committee were mere guidelines. It was further submitted that even if there was any infirmity in the constitution of the District Level Committee, the order has been confirmed by the State Level Committee which was duly constituted, as such the High Court should not have interfered. It was also submitted that the High Court was not justified in directing the private respondents to be reinstated in service.