SUDHAKAR VITHAL KUMBHARE versus STATE OF MAHARASHTRA AND ORS.

Citation: [2003] SUPP. 5 S.C.R. 746 · Decided: 18-11-2003 · Supreme Court of India · Bench: V.N. KHARE, S.B. SINHA, AR. LAKSHMANAN · Disposal: Case Partly allowed
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Judgment (excerpt)

A 
SUDHAKAR VITHAL KUMBHARE 
v. 
STATE OF MAHARASHTRA AND ORS. 
NOVEMBER 18, 2003 
B 
[V.N. KHARE, CJ., S.B. SINHA AND DR. AR. LAKSHMANAN, JJ.] 
Constitution of India, 1950: 
Article 342-Status of Scheduled Tribe on bifUrcation of State-Part of 
C area inhabited by 'Halba' Tribe in State of Madhya Pradesh merged in State 
of Maharashtra-'Halba' Tribe recognized by both the States as Scheduled 
Tribe-Junior Engineer, being resident of Madhya Pradesh and belonging to 
'Halba' tribe of the region which was bifUrcated, employed in Maharashtra 
Electricity Board and promoted as Assistant Engineer against reserved post-
D Later on, reverted on the ground that he was not entitled to reservation 
benefit in State of Maharashtra-Held, the Maharashtra State Electricity 
Board acting upon the direction of the State Government has reverted the 
appellant without referring the matter to the Scrutiny Committee which was 
not the correct way to deal with the appellant's case-In such a situation 
the employer was required to refer the question before the Scrutiny 
E Committee-In view of the fact that the appellant's case was not referred to 
the appropriate Committee, the judgment and order under challenge is set 
aside-It will be open to Maharashtra State Electricity Board to refer the 
matter to Scrutiny Committee for verifying eligibility of the emp/oyee-
Employee shall be reinstated forthwith as Assistant Engineer and shall continue 
p to hold the said post till the matter is decided by the Committee-Constitution 
(Scheduled Tribes) Order, 1950-States Reorganisation Act, 1956. 
G 
Kumari Madhuri Patil and Anr. v. Additional Commissioner, Tribal 
Development and Ors., [1994[ 6 SCC 241 and Punit Raiv. Dinesh Chaudhary, 
JT [2003) Supp. 1 SC 557, relied on. 
Action Committee on Issues of Caste Certificate to Scheduled Castes 
and Scheduled Tribes in the State of Maharashtra and Anr. v. Union of India 
and Anr., JT (1994) 4 SC 423; UP. Public Service Commission, Allahabadv. 
Sanjay Kumar Singh JT (2003) 8 SC 79; Director of Tribal Welfare v. Laveti 
Giri, [1995[ 4 SCC 32 and Kumari Madhuri Patil and Anr. v. Additional 
H 
746 
SUDHAKAR VITHAL KUMBHARE v. STA TE 
747 
Commissioner, Tribal Development, Thane and Ors., (Second), (1997) 5 SCC A 
437, referred to. 
CIVIL APPELLATE JURISDICTION :Civil Appeal No. 5186 of2001. 
From the Judgment and Order dated 23.3.2001 of the Bombay High 
Court in W.P.No. 2368of1989. 
B 
V.A. Mohta and D.M. Nargolkar for the Appellant. 
S. V. Deshpande, S.S. Shinde, Mukesh K. Giri and A.S. Bhasme for the 
Respondents. 
The following Order of the Court was delivered : 
The appellant is originally a resident of village Sawargaon, post 
Pandhuma, District Chhindwara in State of Madhya Pradesh. It is not disputed 
c 
that as a result of State reorganization, a part of the said district being 
Chandrapur, which was originally in the State of Madhya Pradesh, had gone D 
into the State of Maharashtra. Earlier in the Presidential Scheduled Tribes 
Order issued in the year 1950 the tribe 'Halba' was recognized as Scheduled 
Tribe in the District of Chhindwara in the State of Madhya Pradesh. After 
reorganization, when Chandrapur was included within the territory of State of 
Maharashtra, the caste 'Halba' was recognized as Scheduled Trible also in the E 
State of Maharashtra. It is also not disputed that the appellant herein was 
brought up and educated in District of Chhindwara. Subsequently, he applied 
in response to an advertisement for selection and appointment in the 
Maharashtra State Electricity Board for the post of Junior Engineer [Civil]. It 
is not disputed that he was selected and appointed against the non-reserved 
vacancy on the basis of merit in the said post. In the year 1987, the appellant F 
was promoted to officiate as Assistant Engineer (Civil) against a reserved 
vacancy on the basis of a certificate of being belonging to Halba tribe issued 
by the competent authorities of the State of Madhya Pradesh. On 22nd 
August, 1988, respondent no. 2 herein issued him show cause notice as to 
why he should not be reverted from the post of Assistants Engineer as he 
was not entitled to the benefit of reservation for Scheduled Tribe in the State G 
of Maharashtra. The appellant submitted an explanation to the said show 
cause notice justifying his promotion against the reserved post. Despite that 
explanation, the appellant was reverted from the post the of Assistant Engineer 
to the post of Junior Engin
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