Narendra Tukaram Bagul vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 10326 Bom

                                        1                             wp 6842.21

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                      WRIT PETITION NO. 6842 OF 2021

          Narendra Tukaram Bagul                          ..   Petitioner

                   Versus

          Scheduled Tribe Certificate Scrutiny
          Committee and another                           ..   Respondents

 Shri Umesh Gite, Advocate h/f Shri Mahesh S. Deshmukh,
 Advocate for the Petitioner.
 Shri P. S. Patil, Addl.G.P. for the Respondent No. 1.
 Shri A. D. Wange, Advocate for the Respondent No. 2.

                           CORAM :    S. V. GANGAPURWALA AND
                                      R. N. LADDHA, JJ.

DATE : 04TH AUGUST, 2021.

FINAL ORDER :

. Heard Mr. Gite, the learned advocate for the petitioner, Mr. Wange, the learned advocate for the Respondent No. 2 and the learned Additional Government Pleader for respondent/State.

2. The learned counsel for the petitioner submits that, the validation proceeding of the petitioner is pending with the committee. The employer has issued notice to the petitioner to submit the validity or else his services would be terminated.

3. It is not in the hands of the litigant to get the validation proceeding decided within stipulated period. The employer has

2 wp 6842.21

issued notice to the petitioner directing the petitioner to submit the validity, else his service would be terminated.

4. In the light of the above, we pass following order.

5. The impugned notice is quashed and set aside. The petitioner shall appear before the Scrutiny Committee on 30 th August, 2021 and co-operate in expeditious disposal of the said proceeding. The Committee shall endeavour to decide the proceeding within a period of three (03) months from the date of appearance of the petitioner. The employer may not take adverse action against the petitioner only on the ground that validation proceeding is pending. Of course, the employer may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

6. In view of the above, the writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

bsb/Aug. 21