Vasant Vishram Magare vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 10474 Bom

                                                           906WP14762
                                        1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       906 WRIT PETITION NO. 14762 OF 2017
                               WITH CA/2074/2021

                      VASANT VISHRAM MAGARE
                               VERSUS
           SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE,
                      AURANGABAD AND OTHERS

                 Advocate for Applicants : Mr. M.M. Ambhore.
                  AGP for Respondent No. 1 : Mr. S.K. Tambe.
            Advocate for Respondent Nos. 2 & 3 : Mr. M.M. Ambhore.

                                       CORAM : S.V. GANGAPURWALA &
                                               R.N. LADDHA, JJ.
                                       DATED : 05.08.2021


 PER COURT :
          Heard the learned counsel for the petitioner and the

 respondents.


 2.       It is submitted that the validation proceeding in respect of the

 tribe claim of the petitioner is still pending. The same is not yet

 decided.


 3.       It is submitted that vigilance is not yet completed.


 4.         To get the proceeding decided within stipulated period is not

 in the hands of the litigants.


 5.       In the light of the above, we pass the following order :




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                                                            906WP14762
                                       2

                                   ORDER

i. The petitioner shall appear before the respondent No. 1 /

Committee on 06.09.2021 and co-operate in expeditious disposal of

the proceedings.

ii. The Committee shall endeavor to decide the proceeding within

six months from the date of appearance of the petitioner.

iii. The impugned notice is quashed and set aside.

iv. The employer shall not take adverse action against the

petitioner only on the ground that validation proceeding is pending.

v. The employer may take further course of action depending

upon the judgment that may be delivered by the Committee in the

validation proceeding.

vi. Writ Petition is disposed of. No costs.

vii. In view of the disposal of the Writ Petition, Civil Application is

also disposed of.

( R.N. LADDHA, J. ) ( S.V. GANGAPURWALA, J. )

S.P.C.