S. G. DODDAKALE GOWDA, J. ( 1 ) VALIDITY of action taken by respondents to ascertain the actual caste to which petitioner/s belong as they have availed of certain benefits conferred on persons belonging to Scheduled Caste and scheduled Tribes is questioned in these petitions on the ground that 'civil Rights enforcement Cell' (hereinafter referred to as the 'cell') has no jurisdiction or competence to deal with the matter and suffers from legal malafides. ( 2 ) PETITIONER in writ petition No. 42402 of 1982 was appointed as probationary District Development Assistant in the year 1976 through Public Service Commission as a Scheduled Tribe candidate as he had produced a certificate from competent authority to the effect that he belonged to 'koli Dhor' community. His contention is that when public Service commission has accepted. Caste Certificate produced by him and has been exonerated of the charge of production of false certificate in departmental proceedings held against him, respondents cannot rake up matters settled and action of respondents smacks of malafides. Final order of government in disciplinary proceeding made in No. RDC 85 ENQ. 77, dated 6th March 1982 reads thus:-" The Gazetted Assistant (R) to the divisional Commissioner, Belgaum division, in his letter read (2) above has come to the conclusion that the evidence collected to establish the charge is vague and incomplete. Even the presenting Officer on behalf of Government could not give a definite opinion about the caste of Sri Walikar. The father of the AGO belonged to 'talwar, caste and that they were originally known as 'kolidhor' and that they were called as 'walikar' and 'talwar' on the ground that they were rendering walikarki service to Government by their ancestors. Hence the caste noted as hindu-Talwar indicates profession and not the caste. In view of this it may not be proper to depend on such inconclusive and imperfect evidence which could not establish the charge beyond reasonable doubt. ORDER the Enquiry Officer who conducted a detailed enquiry has reached a conclusion that he has not inclined to hold the AGO responsible for the charge. Government having accepted the findings of the Enquiry Officer are pleased to exonerate Sri S. B. Walikar, Probationary District Development Assistant now working as Gazetted Assistant to the Divisional Commissioner, Gulbarga and absolve him of the charge. Government having accepted the findings of the Enquiry Officer are pleased to exonerate Sri S. B. Walikar, Probationary District Development Assistant now working as Gazetted Assistant to the Divisional Commissioner, Gulbarga and absolve him of the charge. "respondents in statement of objections contend that petitioner belongs to 'talwar' community classified as Backward tribe and not to 'koli-Dhor' community and has obtained an appointment representing himself to be a person belonging to Scheduled Tribe. It is also contended that having taken up the plea that he belonged to 'talwar' community, in disciplinary proceeding, it is not open to him now to contend that he belonged to 'koli-Dhor' community, designated as Scheduled tribe. When the matter is at the preliminary stage as to the ascertainment of caste to which the petitioner belongs, it is premature to contend that authorities have no right to issue impugned notice. The petitioner cannot apply either principles or constructive res-judicata or estoppel on the basis of the earlier order dated 6-3-1982 of the first respondent. Petitioner in writ petition No. 10867 of 1983 admits that she belonged to 'mahadev Koli' community. But what she contends is that persons belonging to that community in Bijapur District, from where she hails, when it formed part of Greater bombay State were considered as persons belonging to Scheduled Castes designated as 'koli-Dhor' as they are cognate. So also petitioners in writ petitions nos. 9294 and 9295 of 1983 contend that 'mahadev Koli' and 'dhor communities mentioned in their Secondary School leaving Certificate are synonymous term of 'koli-Dhor' community which is designated as Scheduled Tribe. Petitioners in writ petitions Nos. 9585 and 9586 of 1983 contend that 'ambiger' community of Bijapur District of then greater Bombay State was considered as scheduled Tribe and caste mentioned in their Secondary School Leaving Certificate is a synonymous term of 'koli-Dhor' community. Contention of petitioner in writ petition No. 7227 of 1983 is that he belongs to 'kadu Kuruba' community which is designated as Scheduled Tribe and he is entitled to the benefit conferred on persons belonging to Scheduled Tribe. Instead of referring to plea of each of the petitioners it may broadly be taken that grounds urged in other cases are more or less the same. In most of the cases, even without these particulars, petitioners contend that fhe Cell has no competence to take action against them or deal with the matter. Instead of referring to plea of each of the petitioners it may broadly be taken that grounds urged in other cases are more or less the same. In most of the cases, even without these particulars, petitioners contend that fhe Cell has no competence to take action against them or deal with the matter. ( 3 ) FORM of notice issued by Cell to petitioner reads thus :-"there are allegations against you that you managed to obtain false caste certificate dishonestly and that you got appointed in your Department in Government service. The said enquiry to being conducted by. . . . . . . . . . . . . . . . . . . . Therefore, you are requested to go over to my office on. . . . . . . . . . . . . . . . . . . . and give a statement in your favour in connection with this enquiry. You are also requested to produce the following records and imformation pertains to you :- 1. Extract of Birth Register; 2. Caste Certificate produced at the time of your appointment/promotion; 3. Transfer Certificate of Primary school, High School and College showing the caste; ( 4 ) NUMBER and date of notification of public Service Commission under which the applications were called for, for the post you had applied. ( 5 ) NUMBER and date of your selection order of PSC, KS Bangalore. The receipt of this letter may please be acknowledged4. Petitioners in all these cases by producing certificates issued by competent authorities to the effect that they belonged to Scheduled Caste/scheduled Tribe, as designated in Scheduled Caste/scheduled tribes Order, have secured appointments to various posts in State Civil Services. Appointments made or secured on the basis of false/fabricated certificate having become rampant, either on the basis of complaint or information received. Ceil intends to ascertain the actual caste to which petitioners belong and/or genuiness or otherwise of Certificate produced by them. Main arguments were addressed by sri S. K. Venkataranga lyengar; supplemented by Sri H. Subramanya Jois, Sri Ravi varma Kumar and Sri N. Y. Hanumanthappa, learned Advocates. Sri N. Santhosh hegde. learned Advocate General appeared for the State. 5. Ceil intends to ascertain the actual caste to which petitioners belong and/or genuiness or otherwise of Certificate produced by them. Main arguments were addressed by sri S. K. Venkataranga lyengar; supplemented by Sri H. Subramanya Jois, Sri Ravi varma Kumar and Sri N. Y. Hanumanthappa, learned Advocates. Sri N. Santhosh hegde. learned Advocate General appeared for the State. 5. Main ground of attack is that officers who are working in the Cell are not police Officers within the meaning of Criminal Procedure Code (herein after referred to as the 'code') to investigate or initiate prosecution, as such, notices emanatedfrom Cell calling upon them to produce certificates or proof in whatever form, that they belonged to Scheduled castes and Scheduled Tribes is without jurisdiction. Citing cases decided under articles 20 and 21 of the Constitution of india, it is contended that procedure adopted by the Cell constitute on infringement of their personal liberty and deprivation of life. Further, they contend that they cannot be compelled to give evidence or produce incriminating materials as against themselves in violation of Article 20 (3) of the CONSTITUTION OF INDIA. ( 6 ) RELIEF is resisted on the ground that State intends to know whether petitioners in fact, belong to Scheduled Castes/ scheduled Tribes or any fraud is committed for purpose of securing appointment. It is only assertainment of truth, so that persons not entitled to that benefit do not get it or persons for whom benefit is conferred should get it. Castes mentioned by most of the petitioners are not designated in Presidential orders, hence, they do not belong to Scheduled Castes/scheduled tribes. Personnel constituting the Cell being police officers as defined in Police Act and code are competent to investigate and take action. ( 7 ) QUESTIONS that arise for determination from pleadings are- (i) Whether cell is competent to investigate such offences? and (ii) Whether a writ in the nature of mandamus to forbear them from proceeding with the investigation could be issued. ? ( 8 ) FOR proper appreciation of their contention, it is better to know the constitution and functions of the Cell. Government of Karnataka, created a special Cell, in state C. I. D. called the 'civil Rights Enforcement Cell' through their Order No. SWD 135 SSC 74, dated 7th August 1974. ? ( 8 ) FOR proper appreciation of their contention, it is better to know the constitution and functions of the Cell. Government of Karnataka, created a special Cell, in state C. I. D. called the 'civil Rights Enforcement Cell' through their Order No. SWD 135 SSC 74, dated 7th August 1974. The said Cell is carved out from C. I. D. which itself is a part and parcel of Police department. In book titled as 'civil Rights enforcement Cell, C. I. D. , Bangalore' its functions are enumerated in extenso. Function of the Cell is not confined only to supervise and co-ordinate the work of all agencies entrusted with the task of taking action on complaints of harassment, ill-treatment, social boycott and atrocities etc. , on the members of Scheduled Caste and the enforcement of Untouchabitity (Offences) Act, but also includes such other complaints which may fall under one ormore of the Acts or Law including Indian penal Code. 'the Government felt that there should be a machinery to effectively collect intelligence and investigate into instances wherein the legal provisions and the executive orders extending various benefits to the weaker section and in parti cular to SCs/sss were either violated or not implemented or were only partially implemented. ' Government being satisfied with the effective functioning of the Cell further expanded its scope and ambit particularly having regard to social legislation, such as Abolition of Bonded Labour system, Debt Relief Act and other ameliorative legislation to improve the status of persons belonging to weaker section and in particular persons belonging to scheduled Castes/scheduled Tribes as per order No. SWD 353 SSC 75 dated 27th december 1975. Hence, Government directed that Cell shall collect intelligence and investigate into the cases and submit reports to Government on following matters:- "after careful consideration of all aspects. Government are pleased to direct that the Special Cell in the State cid created in the G. O. read above shall collect intelligence and investigate into cases and submit reports to Government in the following matters :-1. Violation of Government orders pertaining to reservation of 18 per cent of posts in Government services including Judiciary, Local Bodies, Public sector undertakings. Universities and other Government Aided institutions and undertakings relating to Scheduled castes/scheduled Tribes. 2. Violation of Government orders pertaining to reservation of 18 per cent of posts in Government services including Judiciary, Local Bodies, Public sector undertakings. Universities and other Government Aided institutions and undertakings relating to Scheduled castes/scheduled Tribes. 2. Violation of Government orders pertaining to earmarking and utilisation of 18 per cent of the funds of the Local bodies to be spent exclusively on schemes aimed at the socio-economic betterment of the Scheduled Castes/scheduled Tribes. 3. Violation of the provisions of karnataka Land Grant Rules pertaining to reservation of 50 per cent of the government lands, surplus lands and excess Gomal lands relating to Scheduled Castes/scheduled Tribes. 4. Violation the directions of government relating to eviction of the marginal and sufficient holders from encroachments made by them on the gomal lands and confirming the rights of occupancy of the Gomal lands by the insufficient holders and landless people belonging to Scheduled Castes/scheduled Tribes. 5. Violation of rules pertaining to grant of sites in so far as they relate to the claims of Scheduled Castes and scheduled Tribes. 6. Wrongful alienation of the grant/ service inam lands and house sites granted to Sch. Castes/sch. Tribes. 7. Wrongful evictions of people belonging to Scheduled Castes and scheduled Tribes by the landlords. 8. Wrongful evictions of people belonging to Scheduled Castes/scheduled tribes from the Government/gomal/service Inam Lands by other communities or by the Government Agencies. 9. Cases of production of false caste certificates by people belonging to other communities for claiming the benefits that are extended to the Scheduled castes/scheduled Tribes. 10. Offences committed against the provisions of the "bonded Labour system (Abolition) Ordinance, 1975" concerning Scheduled Castes/scheduled tribes. 11. Offences committed against the provisions of the Karnataka Debt Relief ordinance 1975 concerning Scheduled castes and Scheduled Tribes. 12. All instances of mismanagement and misuse of grants-in-aid by the authorities of the Government Aided hostels pertaining to Social Welfare department. v 13. Any other matters pertaining to the violation of constitutional safeguards and protection extended to Scheduled castes and Scheduled Tribes. 14. Any matter pertaining to the contravention or violation of any law or rule or Executive order aimed at the socio-economic upliftment and welfare of the Scheduled Castes/scheduled tribes.-'petitions received from public or through Government are either enquired into directly by officers of the Cell and/or sent to Districts for enquiry. It keeps watch on the progress of all cases registered. Any matter pertaining to the contravention or violation of any law or rule or Executive order aimed at the socio-economic upliftment and welfare of the Scheduled Castes/scheduled tribes.-'petitions received from public or through Government are either enquired into directly by officers of the Cell and/or sent to Districts for enquiry. It keeps watch on the progress of all cases registered. ( 9 ) OFFICERS of the Cell are Police officers as defined under the Police Act. One of the duties as amongst others is to lay such information and to take such other steps, consistent with law and with the orders of his superiors, as shall be best calculated to bring offenders to justice- vide Section 65 of the Police Act. Cell is a constituent of C. I. D. which itself is a wing of Police Department. Implied Power of police officer to enquire into genuineness or otherwise of the Caste Certificate is made explicit by Government Order referred to above. It is not a case of lending the services of police officers to some other department or sending them on deputation to denude of their powers but as officers of the Cell certain duties are. specially assigned. In this view, it is not possible to accept the plea that investigation by Cell is in derogation of procedure provided in the Code. ( 10 ) ARTICLES 341 and 342 cf CONSTITUTION OF INDIA provide for specification of names of Scheduled Castes and Scheduled tribes respectively. In specifying castes, race or tribes under these Articles, president has been expressly authorised to limit notification to parts or groups within the Caste, race or tribe' and the President may well come to the conclusion that the whole caste, race or tribe, parts of or groups within them should be specified. Similarly, President can specify castes, race or tribes or parts thereof in relation not only to entire State but in relation to parts of the State where he is satisfied that examination of social and educational. backwardness of race, caste or tribe justified such specification. I and II Schedules of Scheduled Castes and Scheduled Tribes orders (Amendment) Act, 1976 set out the names of the caste which are treated as Scheduled Castes and Scheduled Tribes in different parts of the Nation. backwardness of race, caste or tribe justified such specification. I and II Schedules of Scheduled Castes and Scheduled Tribes orders (Amendment) Act, 1976 set out the names of the caste which are treated as Scheduled Castes and Scheduled Tribes in different parts of the Nation. ( 11 ) UNDISPUTEDLY, caste to which some of these petitioners belong is not designated either in the Scheduled Castes order or in the Scheduled Tribes Order; but, what they contend is that the name/s of caste/s to which they belong bears a synonymous term of caste/s designated either in Scheduled Castes Order or in scheduled Tribes Order. In this view, they plead that they have not committed any cognizable offence either under i. P. C. or under Protection of Civil Rights act. Question as to whether they belong to Scheduled Caste or Scheduled Tribe depends upon determination of their social and educational backwardness, race, caste, tribe, customs, manners, traditional occupation, social traits etc. If petitioners belong to caste designated in these orders there cannot be any difficulty to establish that fact. Likewise, if they belong to designated caste bearing synonymous term equally it is open to them to establish the fact that they fulfil tribal characterstics so as to avail of the benefit of Scheduled Caste/scheduled tribes Order. In Basavalingappa v munichanappa (A. I. R. 1965 S. C. 1269) the plea that a person should not be allowed to adduce evidence to establish that the name of the caste mentioned in these certificates is the same as the one designated in the order, should not be allowed, is negatived. In Byaiyalal v Harikishan Singh (A. I. R. 1965 S. C. 1557) Supreme Court held that appellant does not belong to 'chamar community and cannot claim the status of 'chamar', asserting that he belonged to 'dohar caste which is a sub-caste of 'chamar' and an enquiry of that type is impermissible having regard to Article 341 of the CONSTITUTION OF INDIA. Supreme court in Bhaiya Ram v Anirudh (A. I. R. 1971 S. C. 2533) after referring to earlier decisions wherein question whether a person belonged to a Scheduled Caste or sheduled Tribe, as it arose, in the context of right to represent, reserved seat either in State Legislature or Parliament, has held thus:-". . . . . . . . . . . . . . . . . . . . . . . the name by which a tribe or sub-tribe is known is not decisive. Even if the tribe of a person is different from the name included in the order issued by President it may be shown that the name included in the order is a general name applicable to sub-tribes. "in Government Order No. SWL 285 sad 78 dated 27th March 1980, Government itself has given the equivalent/ synonymous names and sub-castes of particular caste after obtaining approval of central Government. In Order No. SWL 104 SAD 81 [dated 1 st September 1981 Government has specified castes treated as Backward Tribes. In order to resolve the confusion created on account of inclusion of 'nayak community as Backward Tribe and subsequent deletion, further clarification is issued in Order No. SWL 104 SAD 81, dated 14th September 1982 the relavent portion of which reads thus :- preamble :- further, representations were received from the Associations of 'nayak' community of the State that there is a lot of confusion whether the Nayaka community comes under Sch. Tribes or backward Tribes and the persons belonging to Backward Tribes are getting the benefits of Sen. Tribes due to several orders issued changing the Nayaka community from one list to another from time to time and this causes lot of confusion to the certificate issuing authorities also to take decision and to issue certificates to the Nayaka community in the State. With a view to ensuring that only those who fulfil the tribal characteristics get benefits of Sch. Tribes, an order was issued on 1st September 1981 read at (4) above, directing the authorities to issue Scheduled Tribe Certificates only to such communities who manifest tribal characteristics. Again Government realise that this confusion may leave some of the students who belong to nayaka Community in difficulties to get admission to hostels to get reimbursement of tuition fees and scholarship benefits, a circular dated 10th March 1982 read at (5) above giving directions to the certificate issuing authorities, he following guidelines to overcome the difficulties. ORDER NO. SWL 104 SAD 81, bangalore, DATED 14th SEPTEMBER, 1982. After considering all aspects. ORDER NO. SWL 104 SAD 81, bangalore, DATED 14th SEPTEMBER, 1982. After considering all aspects. Government are pleased to clarify and direct that the 'hiayaka' Community deleted from the list of Backward Tribe in government Order dated 23rd January 1978 shalt be treated as Scheduled tribe throughout Karnataka for the purpose of Art. 15 (4) and Art. 16 (4) of the CONSTITUTION OF INDIA. Since the Government have been receiving large number of complaints that many People claim benefit on the basis of false certificates, the officers empowered to issue caste certifcates particularly Tahsildars, are hereby directed to Scrutinise very carefully claims for issue of caste certificates in respect of scheduled Castes and Scheduled Tribes. After careful enquiries and verification only caste certificate should be issued. From principles enunciated by Supreme court in cases referred to above and orders/clarifications issued from time to time on this aspect, there may not be insurmountable difficulty to establish their innocence and the caste to which they belong though not expressly mentioned in Schedules, in fact, they belong to Scheduled caste and Scheduled Tribe bearing a synonymous term. Special assignment of the task of assertaining whether a person belonged to scheduled Caste/scheauled Tribe so as to avail of the benefits conferred on that class or any fraud is committed is in consonance with the Supreme Court decision in R. Palanimuthu v returning Officer (AIR 1984 S. C. 905) which reads thus :-"if attempts are made by persons not belonging to any of these communities at securing the special benefits to which these backward classes, scheduled castes and Scheduled tribes students and candidates are entitled under the rules in force in that state, and there is no proper scrutiny of the claim ofs uch persons that they belong to these classes, the benefits which are intended by the state to go to those classes will be taken away by those to whom they are not really intended. Therefore, so long as these benefits are continued for the aforesaid classes, strict scrutiny has to be made by the state Government machinery and the fraud which may be committed on the state and those classes of people for whom these benefits are really intended by those for whom those benefits are not meant by producing false community certificates has to be stopped by the government taking appropriate steps. At the same time, it must be ensured that it is not made difficult for persons really belonging to these classes obtaining the necessary community certificates from those authorised to issue the same. A copy of the judgement shall be forwarded to the Chief Secretary to the government of Tamil Nadu. "hence, it is not possible to accept the plea that Cell has no jurisdiction to investigate the castes to which they really belong ( 12 ) BROAD principles, laid down by supreme Court for interference with investigation of commission of alleged offence in exercise of power conferred under Article 226 of the Constitution of india, read thus :- in Asst. Collector, Central Excise v j. H. Industries ( AIR 1979 SC 1889 ). this is what the Supreme Court has stated :-"it is correct to say that the High court must have regard to the well established principles for the exercise of of its writ jurisdiction and unless it is satisfied that the normal statutory remedy is likely to be too dilatory or difficult to give reasonably quick relief, it should be loath to act under art. 226. May be, exceptional cases the present one does not appear to be one-that extraordinary power may be exercised. So, it is right to point out that the High Courts will be cereful to be extremely circumspect in granting these reliefs especially during the pendency of criminal investigations. The investigation of a criminal offence is a very sensitive phase where the investigating authority has to collect evidence from all odd corners and anything that is likely to thwart its course may inhibit the interests of justice. All that we need say here is that the High Courts will bear in mind the need for extreme reluctance when, during the investigation, any relief, interim or final, which has a tendency to slow down or otherwise hamper the investigation is sought. After all, at the stage of investigation, it is risky for the Court to interven except where manifest- injustice cries for the order of the Court. With these observations, we dismiss the petition. Petition dismissed. "having regard to these principles, it is not possible for this court to interfere and issue a writ in the nature of mandamus to forbear respondent from investigating offence/s alleged to have been committed. With these observations, we dismiss the petition. Petition dismissed. "having regard to these principles, it is not possible for this court to interfere and issue a writ in the nature of mandamus to forbear respondent from investigating offence/s alleged to have been committed. ( 13 ) LASTLY, it is urged that procedure adopted by Cell is not in accordance with law and plainly opposed to Article 20 (3) of the CONSTITUTION OF INDIA. Dealing with the scope and ambit to this provision this is what the Supreme Court in Balakrishnan v state of Maharastra (A. I. R. 1981 S. C. 379) has stated :-"an analysis of this clause shows three things : Firstly, its protection is available only to a "person accused of any offence. " Secondly, the protection is against compulsion "to be a witness. " thirdly, this protection avails "against himself. ""in the instant case, at the time when the alleged incriminating statement was made before the officer of the RPF, no formal complaint in regard to the commission of an offence had been filed against him in Court, nor had any f. I. R. been lodged with the Police specifically accusing the appellant or the author of that statement of the commission of an offence. It is, therefore, manifest that at the material time the author of the self-incriminatory statements in question, did not fulfil the character of a ''person accused of an offence" within the meaning of article 20 (3 ). "again at para 69 it is stated thus :-"at the same time, it was held that although the petitioner is a 'person accused of an offence', the only protection that Article 20 (3) gave him is that he could not be compelled to be a witness against himself; but that did not mean that he need not give information regarding matters which do not tend to incriminate him. Consequently, the Court did not set aside the summons and held that the petitioner was bound to appear before the Enforcement "directorate and answer such questions that did not incriminate him. "in most of the cases F. I. R. is not sent to Court. As indicated in latter passage extracted above, nothing prevents petitioners from furnishing materials which would absolve them of the offence/s, if they choose to do so. "in most of the cases F. I. R. is not sent to Court. As indicated in latter passage extracted above, nothing prevents petitioners from furnishing materials which would absolve them of the offence/s, if they choose to do so. ( 14 ) FOR the reasons stated above, i find no merit in any one of the contention canvassed. Writ petitions dismissed. Rule, wherever issued, is discharged. Certified copy of the order be issued immediately to petitioners. --- *** --- .