- 1 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100377 OF 2021 (S-R) BETWEEN: SHRI. RAJABHOOSHAN SRIKANTH KADWADKAR S/O. SRIKANTH KADWADKAR, AGE. 67 YEARS, OCC. RETIRED DY. MANAGER, SBM, R/O. OPP. CMC, M.G. ROAD, KARWAR -581301. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: THE STATE BANK OF INDIA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, PPG DEPARTMENT, LOCAL HEAD OFFICE, NEW ANNEXE BUILDING, 3RD FLOOR, NO.65, ST.MARKS ROAD, BENGALURU- 560001. …RESPONDENT (BY SRI S.A. SONDUR, ADVOCATE FOR SRI K.L. PATIL, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY SUCH WRIT OF DIRECTION TO QUASH THE IMPUGNED LETTER DATES 24.03.2020 ISSUED BY THE RESPONDENT BEARING NO.AGMPPG/LHOBAN/1004 VIDE ANNEXURE K. ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY SUCH WRIT OR DIRECTION TO DIRECT THE RESPONDENT TO RESTORE Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 PAYMENT OF PENSION TO THE PETITIONER WITH IMMEDIATE EFFECT AND ALSO TO PAY THE ARREARS OF PENSION FROM 01.03.2020 TILL THE DATE OF RESTORATION OF PENSION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question an order dated 24.03.2020, by which, the pension that was paid to the petitioner comes to be stopped with effect from 01.03.2020 all on the score that the caste certificate of the petitioner is found to be a fraudulent, and has resulted in cancellation by the competent authority. 2. Heard Sri.Girish A. Yadawad, learned counsel appearing for petitioner and Sri.Sourabh A. Sondur for Sri.K.L.Patil, learned counsel for respondent. 3. Facts in brief germane, are as follows: On 12.07.1977 the caste certificate comes to be issued in favour of the petitioner, depicting him to be belonging to Bandi Caste, a Scheduled Caste. It transpires - 3 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 that the State Government initiated proceedings against every person who had secured the caste certificate claiming themselves to be belonging to Bandi/Bandhi. This resulted in an order being passed by the District Caste Verification Committee against the petitioner, cancelling his caste certificate by an order dated 03.05.2018. Immediately thereafter on 22.05.2018, the petitioner prefers an appeal challenging the order of the Committee before the Appellate Authority. 4. Thereafter the respondent-Bank issues a notice to the petitioner on 14.06.2018, calling for explanation as to why his pension should not be stopped as by then, the petitioner had retired on attaining the age of superannuation on 31.05.2018. The petitioner submits his reply on 25.06.2018 contending that against the order of cancellation of his Caste certificate by the District Caste Verification Committee, the petitioner has preferred an appeal before the Appellate Authority. On 02.02.2019, after the submission of the reply, the appeal gets - 4 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 dismissed for its non-prosecution. Immediately on 14.03.2019, the petitioner has filed an application seeking recalling of the order dated 02.02.2019, by which, the appeal of the petitioner had been dismissed for its non- prosecution. 5. The respondent-Bank issues another communication seeking explanation as to why his pension should not be stopped. This is also replied to by the petitioner. By the impugned order dated 24.03.2020, on the score that the caste certificate of the petitioner has stood cancelled as on the said date, stopped pension. Plethora of representations submitted by the petitioner went unheeded and therefore the petitioner is before this Court calling in question the aforesaid action. 6. The appeal that was dismissed for non- prosecution and the application seeking its recall had not been considered by the Appellate Authority for over four years. This led the petitioner to knock at the doors of this court in Writ Petition No.101713/2024. This Court restores the appeal by its order and directs the petitioner to appear - 5 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 before the Appellate Authority on a particular date fixed there. It transpires that the proceedings in the appeal are still pending consideration. 7. Learned counsel Sri.Girish A. Yadwad appearing for the petitioner would at this juncture restrict his submission to the tearing hurry with which the bank has passed the order based upon the cancellation of the caste certificate by the District Caste Verification Committee, notwithstanding the fact that the appeal is pending and the appeal is at large before the Appellate Authority. 8. Learned counsel for the respondent-Bank would submit that the District Caste Verification Committee had cancelled the caste certificate and the Appellate Authority had rejected the appeal for its non-prosecution. Therefore, the notice was issued to the petitioner calling for explanation as to why his pension should not be stopped. No fault can be found with the Bank in initiating action as, as on the date on which, the order was passed the caste certificate of the petitioner had stood cancelled. Learned counsel would further seek to place reliance upon the - 6 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 judgments of the Apex Court in the case of R.Vishwanatha Pillai v. State of Kerala and others1. There can be no qualm about the principles laid down by the Apex Court in the said judgment. However, the same would not be necessary to be considered at this juncture, in the light of the matter being at large before the Appellate Authority. 9. I have given my anxious consideration to the submissions made by the learned counsel appearing for the parties and perused the material on record. 10. The petitioner securing a caste certificate belonging to Scheduled Caste-Bandi is not in dispute. It is a matter of record. The caste certificate is issued in the year 1977. Long thereafter in the year 2017-2018, the State Government initiated proceedings all over, the State on the score that there were several persons who had secured caste certificates to which they did not belong to, particularly of the caste Bandhi, as Baandi and Bandi, was in controversy. 1 2004 AIR SCW 419 - 7 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 11. The axe of the controversy appears to have fallen on the petitioner as the caste certificate issued to the petitioner comes to be cancelled by an order of the District Caste Verification Committee. Immediately thereafter, the petitioner approaches the Appellate Authority by filing an appeal, before the Commissioner of Social Welfare Department, under the Act in Appeal No.6/2018. The appeal was pending consideration. 12. During the subsistence of the appeal, the petitioner retires on attaining the age of superannuation. After attaining the age of superannuation, a communication is sent to the petitioner seeking explanation as to why his pension should not be stopped. The communication reads as follows: “Sri KADWADKAR RS Date: 14.06.2018 Opp. CMC M G Road, KARWAR – 581 301 Mob: 9448942464 Dear sir, SUBMISION OF FALSE CASTE CERTIFICATE BY YOU CESSATION OF YOUR MONTHLY PENSION - 8 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 It has been declared by the District Caste Verification Committee (D.C.VC) vide the Minutes of the Meeting held on 03rd May, 2018(copy enclosed for your ready reference) that the Caste Certificate dated 12.12.1977 submitted by you at the time of appointment in the Bank e-SBM) HAS been found be false. 02. The D.C.V.C. has observed that you belong to Hindu Bandi Community which comes under Category 2A(Backward Class) and not the Schedule Caste. Further, that you have fraudulently obtained a False and Fake Caste Certificate from the Tahsikar Karwar as you belong to Schedule Caste. Therefore, in view of the above facts the D.CV.C Vide its Order dated 3rd May 2018 has cancelled you caste certificate dated 12.12.1977 issued by the Tahsildar Karward as void. 03. Hence, the bank has decided to stop payment of the monthly pension henceforth. You are therefore, hereby directed to submit your explanation for not doing so with in 1(seven) days from the date of receipt of the notice failing which it will be construed that you have no explanation to offer and the Bank shall be free to proceed in the matter as may be deemed fit as proposed above. 04. Please acknowledge receipt of this letter along with its enclosures, on the duplicate copy enclosed herewith. Yours faithfully. Assistant General Manager (PPG)” 13. The petitioner replies to the said communication contending that he has filed appeal. Not being satisfied with the reply, the bank passes an order on 24.03.2020 stopping his pension that was paid solely on the score that the District Caste Verification Committee has cancelled caste certificate of the petitioner. It is to be noticed that - 9 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 the appeal was pending consideration albeit that it was dismissed for its non-prosecution. The petitioner cannot be found fault with, as the petitioner has immediately filed an application before the Appellate Authority seeking recall of the order dated 02.02.2019, which had dismissed the appeal of the petitioner for its non-prosecution. 14. The Appellate Authority did not consider the said application seeking recall of the order for close to four years. Petitioner then comes before this Court and this Court, by the following order, restores the appeal. “6. From above submission it is seen that petitioner is challenging order dismissing appeal for non-prosecution by considering his application for restoration. Though proceedings before appellate Court would indicate that petitioner had sought adjournment even on earlier occasion, it is held, relevant factor to be considered would be whether petitioner had any reasonable explanation for his absence on particular day and his absence on earlier occasion alone cannot be consideration. In affidavit filed supporting application for restoration, inconvenience of counsel for petitioner is pleaded. In absence of any material to deny or dispute said assertion, appellate authority would not be justified in coming to conclusion that explanation was not justified. Therefore order dismissing appeal for non-prosecution would not be tenable. It is also seen that petitioner had filed application for recalling which is kept pending for consideration for nearly five years. For said reason imposition of costs would not be necessary. - 10 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 7. When application is filed for recalling order dismissing appeal for non-prosecution, even in absence of specific provision for recalling, application ought to have been considered under inherent powers. 8. In view of above, impugned order would be unsustainable. Hence, writ petition is allowed. Appeal no.6/2018-19 (old Appeal no.CR 41/2018- 19) before Commissioner is restored. Petitioner shall appear before Commissioner on 15.07.2024 at 11.00 a.m.” 15. In the light of the restoration of the appeal, the proceedings are pending at large. In the considered view of this Court, the Bank need not have proceeded in a tearing hurry to stop the pension of the petitioner, who had completed close to thirty years of service in the Bank. 16. The appeal pending before the Appellate Authority, would undoubtedly give a right to the petitioner for continued pension as was being drawn by him notwithstanding the fact that the cancellation of the caste certificate had happened at the hands of the District Caste Verification Committee. Therefore, I find the orders stopping pension of the petitioner, in the peculiar facts of this case, contrary to law. - 11 - NC: 2025:KHC-D:2539 WP No. 100377 of 2021 17. For the aforesaid reasons the following: ORDER (i) The petition is allowed. (ii) The impugned letter bearing No.AGMPPG/LHOBAN/1004 dated 24.03.2020 issued by respondent is quashed. (iii) The petitioner shall be entitled to all consequential benefits that would flow from the quashment of the order including payment of pension. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 5