Civil Rights Enforcement Cell has no power to suo motu investigate caste claims: Karnataka High Court

The Karnataka High Court recently observed that the Civil Rights Enforcement cell (CRE cell) does not have the power to suo motu launch inquiries to verify the caste of individuals, without a formal reference to do so by the District Caste Verification Committee [TH Hosamani v. State of Karnataka and ors].

Justice M Nagaprasanna explained that Rule 7(4) of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, Etc.,), Rules, 1992, the CRE cell can spring into action only upon a reference being made by the Caste Verification Committee to conduct an investigation about the caste status of any person.

The judge noted that this position has also been recognised in earlier High Court judgments.

"What would unmistakably emerge is that, the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the caste certificate of (an individual)," the Court concluded.

The Court made the observation while setting aside actions initiated against a retired headmaster with respect to the validity of his caste certificate after the CRE cell launched an inquiry against him.

The headmaster had secured employment and promotions on the strength of his caste certificate, which stated that he belonged to a notified Scheduled Caste.

However, a complaint was filed before the CRE cell, disputing the headmaster's caste status.

The CRE cell launched a suo motu inquiry on the private complaint, without there being any referral from the District Caste Verification Committee for such a probe.

It eventually directed the District Caste Verification Committee to initiate proceedings for the cancellation of the headmaster's caste certificate. The Committee proceeded to cancel his caste certificate.

This action was challenged by the headmaster (petitioner) before the High Court.

The counsel for the petitioner also pointed out that he had already been acquitted in a related criminal case and had already retired. Therefore, the later cancellation of his caste certificate could not be used to block his retirement benefits, he argued.

The Court on November 18 held that every action taken after the CRE cell's 'illegal' investigation had no legal force.

The Court has set aside the caste certificate cancellation orders while directing the State to release the retired headmaster’s terminal benefits.

"The terminal benefits of the petitioner, if they have been withheld on the strength of the aforesaid (caste certificate cancellation) orders, shall be released without brooking any delay," the Court said.

Advocates Vijayakumar Bajantri and GK Hiregoundar appeared for the petitioner.

Advocate C Jagadish appeared for the State authorities.

[Read Order]