Bombay High Court
Shankar Manohar Chate vs The State Of Maharashtra Thr Its ... on 23 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 WRIT PETITION NO.3216 OF 2021
SHANKAR MANOHAR CHATE
VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Shri P. V. Jadhavar
AGP for Respondents - State : Shri A. R. Kale
...
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE : 23rd FEBRUARY, 2021
...
PER COURT :
1. Mr. Jadhavar, the learned Advocate submits that the proposal
seeking validation of the caste claim of the petitioner was forwarded
by the employer in the year 2008 with the Aurangabad Scrutiny
Committee. The proposal is not yet decided. The employer has
issued notice directing the petitioner to produce validity certificate or
else adverse action would be taken.
2. Mr. Kale, the learned AGP appears for respondents and submits
that the proposal was submitted by the petitioner with the
Aurangabad Scrutiny Committee. Thereafter, upon the constitution of
the Scrutiny Committee at Parbhani, the matter within the jurisdiction
of Parhani Scrutiny Committee were transferred. However, the file of
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the petitioner was not transferred. The learned AGP, on instructions,
submits that the file of the petitioner appears to have been misplaced
at Aurangabad Scrutiny Committee.
3. In that event, the file will have to be reconstructed. The
petitioner shall submit the photo copy of the caste certificate issued
to him to the Committee at Aurangabad along with all the documents
relied by the petitioner within a period of two weeks from today.
4. On receipt of the photo copy of the caste certificate and all
other documents, the Scrutiny Committee at Aurangabad shall
forward the same to the Parbhani Scrutiny Committee within a period
of two weeks thereafter.
5. On receipt of the proposal the Scrutiny Committee at Parbhani
shall decide the validation proceedings preferably within a period of
six months.
6. The petitioner shall co-operate in expeditious disposal of the
said proceedings.
7. As the original file is misplaced certainly the original caste
certificate may not be available. As such the Scrutiny Committee
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shall decide the said proceedings on the basis of copy of the caste
certificate submitted by the petitioner. The copy of such tribe
certificate is placed at page 9 of the present Writ Petition.
8. The impugned order is set aside.
9. The employer may not take adverse action against the
petitioner only on the ground that the validity certificate is not
submitted. The employer may take further course of action
depending upon the judgment that would be delivered by the
Scrutiny Committee in the validation proceedings.
10. Writ Petition is disposed of. No costs.
(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)
shp/-
