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Judgment
The petitioner is before this Court assailing the
notice dated 28.03.2016 impugned at Annexure-B to the
petition.
The petitioner contends that though he
belongs to scheduled caste community, without there
being a justification, the respondent No.1 has raised
certain objections with regard to the same. It is pointed
out that the proceedings in any event has already been
initiated through the notice dated 25.02.2015 before the
Directorate Civil Rights Enforcement, Bengaluru. Despite
the said proceedings having been initiated, a notice
dated 28.03.2016 as at Annexure-B is issued by the
Directorate Civil Rights Enforcement, Davanagere. It is
contended that the petitioner being a resident of
Bengaluru would respond to the proceedings pending
before the Directorate Civil Rights Enforcement,
Bengaluru and as such, the notice as at Annexure-B
issued to him initiating parallel proceedings is not
justified.
The learned counsel for the respondent No.1
would submit that there are sufficient documents to
indicate that the petitioner does not belong to the
community for which he has obtained a certificate
wrongfully and since the petitioner despite being notified
in the proceedings before the Directorate Civil Rights
Enforcement, Bengaluru has not participated therein,
the proceedings as at Annexure-B was initiated.
Be that as it may, insofar as the merits of the
rival contentions between the petitioner and the
respondents, the same need not be gone into in the
instant petition. However, the only consideration herein
is as to whether the parallel proceedings as has been
initiated through the notice as at Annexure-B is justified.
To the said extent, since it is submitted on behalf of the
respondents that the petitioner has not chosen to appear
in the proceedings which was initiated through the
notice dated 25.02.2015, it is made clear that even if the
petitioner does not choose to appear therein, the official
respondents may proceed against the petitioner in
accordance with law.
However, the notice dated 28.03.2016 at this
juncture would not be justified. Accordingly, the same is
quashed. It is made clear that the petitioner shall appear
in response to the notice dated 25.02.2015 in the
proceedings pending before the Directorate Civil Rights
Enforcement, Bengaluru and put forth his contentions
whereupon a consideration shall be made in accordance
with law. Since, the date as indicated in the notice dated
25.02.2015 has elapsed, the petitioner shall now appear
without any further notice being issued, before the
Authority who had issued the notice dated 25.02.2015,
on 18.12.2017 at 3.00 p.m. as the first date and
thereafter, the further proceedings shall be conducted in
accordance with law.
The petition is accordingly disposed of.