Bombay High Court
Roshan S/O. Santosh Gajbhe vs The State Of Maharashtra Thr. ... on 3 August, 2016
Bench: V.A. Naik
wp.4239.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 4239/2016
Roshan s/o Santosh Gajbhe
Aged 27 years, occu: Agriculturist
R/o At & Po. Dongrala, Po: Jamgaon (Komti)
Tah. Chimur, Dist.Chandrapur. ..PETITIONER
v e r s u s
1) The State of Maharashtra
Through its Secretary
Rural Development Department
Mantralaya, Mumbai 400 032.
2) The Chairman
Scheduled Tribe Caste Certificate
Scrutiny Committee, Gadchiroli.
3) The Collector,
Chandrapur.
4) The Tahsildar,
Chimur, Dist.Chandrapur.
5) The Secretary,
Gram Panchayat, Sawarla
Tah. Chimur Dist. Chandrapur. .. ...RESPONDENTS
...........................................................................................................................
Ms. P.D.Rane, Advocate for the petitioner
Mr. N.R. Rode, Assistant Government Pleader for Respondents
............................................................................................................................
CORAM: SMT. VASANTI A NAIK &
MRS . SWAPNA JOSHI, JJ
.
DATED : 3rd August, 2016
wp.4239.16
JUDGMENT: (PER MRS. SWAPNA JOSHI, J.)
Rule. Rule made returnable forthwith. The Writ Petition is heard
finally at the stage of admission, with the consent of the learned counsel for
the parties.
2. By this Writ Petition, the petitioner seeks a direction against the
respondent-Scrutiny Committee, to decide the caste claim of the petitioner
within a stipulated period. The petitioner challenges the show-cause notice
dated 29.06.2016 issued by the Collector, Chandrapur, asking the petitioner as
to why he should not be disqualified from holding the post of Upsarpnach,
Gram Panchayat, Sawarla, Tahsil: Chimur, District:Chandrapur, in the absence
of the caste validity certificate. The petitioner claims to be belong to 'Mana'
Scheduled Tribe and was elected as a Member and thereafter as Upsarpnach
of the said Gram Panchayat.
3. The learned counsel for the petitioner Mrs.P.D.Rane contended
that the Collector, Chandrapur is not justified in issuing the show-cause notice
to the petitioner as the caste claim of the petitioner is duly referred to the
Scrutiny Committee, by the Tahsildar. Mrs.Rane submitted that the caste
claim of the petitioner is not decided by the Scrutiny Committee till date and
hence the petitioner should not be penalised for the pendency of the caste
claim, in view of the inability on the part of the Scrutiny Committee, to decide
the same within a stipulated time. She submitted that in the circumstances of
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the case, a direction to the respondent-Scrutiny Committee to decide the caste
claim of the petitioner would be necessary. It is stated that the petitioner
should not be disqualified, till his caste claim is decided.
4. According to Mr.N.R.Rode, the learned Assistant Government
Pleader appearing on behalf of the Scrutiny Committee the caste claim of the
petitioner is pending before the Scrutiny Committee and the same would be
decided as early as possible. He submitted that the Collector had issued the
show-cause notice as, it is necessary under the provisions of the Act and the
Rules, to submit the caste validity certificate within the specified time.
5. Thus, the statement made on behalf of the Scrutiny Committee
that the caste claim of the petitioner is pending before the Scrutiny Committee
clarifies that it would be necessary to allow the petition as the petitioner is
not at fault in not producing the caste validity certificate. The caste claim of
the petitioner was duly remitted to the Scrutiny Committee for verification
through the competent authority. If the caste claim of the petitioner is not
decided by the Scrutiny Committee within the time specified under the
provisions of the Act and the Rules, the petitioner cannot be blamed for not
producing the caste validity certificate. In this background, it would be
necessary to grant the relief sought by the petitioner in this petition.
6. For the reasons aforesaid, the Writ Petition is allowed. The
impugned show-cause notice dated 29.06.2016 is quashed and set aside. The
Scrutiny Committee is directed to decide the caste claim of the petitioner as
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early as possible and positively within fifteen months. Since the petitioner was
not at fault in not producing the caste validity certificate, the respondent
-Collector or any other respondent should not take action for disqualification
of the petitioner as Upsarpanch of the Gram Panchayat, till the caste claim of
the petitioner is decided.
Rule is made absolute in the aforesaid terms, with no orders as to
costs.
JUDGE
ig JUDGE
sahare
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