Suresh Vitthal Suryawanshi vs The State Of Maharashtra And ...
2018 Latest Caselaw 259 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
                 BENCH AT AURANGABAD

                      WRIT PETITION NO. 367 OF 2018

          Suresh s/o Vitthal Suryawanshi,
          Age : 57 Years, Occu. : Service,
          R/o Bhusawal, Tq. Bhusawal,
          Dist. Jalgaon,
          Presently R/o Amalner, 
          Tq. Amalner, Dist. Jalgaon.                    ..    Petitioner

                   Versus

 1.       State of Maharashtra
          through Principal Secretary
          Home Department,
          Mantralaya, Mumbai - 32.

 2.       Superintendent of Police,
          Jalgaon, Dist. Jalgaon.

 3.       Scheduled Tribe Certificate
          Scrutiny Committee, Nandurbar,
          through its Member Secretary.                  ..    Respondents

 Shri Digambar B. Shinde, Advocate h/f Shri M. S. Deshmukh, 
 Advocate for the Petitioner.
 Shri R. V. Dasalkar, A.G.P. for Respondent Nos. 1 to 3.

                           CORAM : S. V. GANGAPURWALA AND
                                      ARUN M. DHAVALE, JJ.
                               DATE : 10TH JANUARY, 2018.

 ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-

 .        Rule.     Rule   made   returnable   forthwith.     The   learned 




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 Assistant   Government   Pleader   accepts   notice   of   rule   for   all 
 respondents.     Taken   up   for   final   hearing   with   the   consent   of 
 parties.


 2.       The   Tribe   claim   of   the   petitioner   is   pending   with   the 
 Committee for validation since 2013.  It is stated by the learned 
 counsel for the petitioner that, even vigilance is conducted.


 3.       Considering the aforesaid conspectus of the matter, we pass 
 following order.
                                   O R D E R

A. The respondent No. 3/Committee shall decide the validation proceeding in respect of tribe claim of the petitioner expeditiously and preferably within a period of nine (09) months from the date of appearance of the petitioner.

B. The petitioner shall co-operate in expeditious disposal of said proceeding. The petitioner shall appear before the Committee on 29.01.2018.

C. The impugned notice issued by the employer is quashed and set aside.

D. The respondent No. 2/employer shall not take any adverse action against the petitioner only on the ground that validation

3 wp 367.18

proceeding is pending.

E. Of course, the respondent No. 2/employer is entitled to take further course of action depending upon the judgment that would be delivered by the Committee in validation proceeding.

F. Rule accordingly is made absolute in above terms. No costs.

          Sd/-                              Sd/-
 [ARUN M. DHAVALE, J.]           [S. V. GANGAPURWALA, J.]


 bsb/Jan. 17