Prashant Bhojram Karkhelikar vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 3498 Bom

                                     (1)                                950-wp-3676-2021



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
               950 WRIT PETITION NO.3676 OF 2021

 PRASHANT BHOJRAM KARKHELIKAR                                    ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA THR ITS SECRETARY AND
 OTHERS                              ..RESPONDENTS
                        ...
 Mr. Shrikrashna B. Solanke, Advocate for the
 Petitioner.
 Mr. A. R. Kale, AGP for Respondents-State.
                                           ...
                               CORAM : S. V. GANGAPURWALA &
                                       SHRIKANT D. KULKARNI, JJ.
                               DATED : 24th FEBRUARY, 2021.
 PER COURT:-
 1.               The      learned         counsel      for      the      petitioner
 submits that the validation proceeding in respect
 of the tribe claim of the petitioner is pending.
 The order is issued intimating the petitioner to
 submit the validity certificate or else the service
 of the petitioner would be terminated.

 2.               The learned A.G.P. accepts notice for all
 respondents.


 3.               According to the learned counsel for the
 petitioner the vigilance is not yet conducted.


 4.               Unless and until vigilance is conducted,
 the       petitioner          has         no    role      to      play        in      the
 validation proceeding.


 5.               Considering              the    above,          we       pass        the
 following order:

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                                      (2)                                 950-wp-3676-2021




                                           ORDER

A. The impugned order is quashed and set aside.

B. The petitioner shall appear before the committee on 10.03.2021.

C. The committee shall endeavour to decide the validation proceeding in respect of the tribe claim of the petitioner preferably within a period of six months from the date of appearance of the petitioner before the committee.

C. The respondent shall not take adverse action against the petitioner only on the ground that the validation proceeding is pending.

D. The employer may take further course of action against the petitioner depending upon the judgment that would be delivered by the committee in the validation proceeding.

6. Writ Petition is disposed of. No costs.

 (SHRIKANT D. KULKARNI)                             (S. V. GANGAPURWALA)
             JUDGE                                          JUDGE


 Devendra/February-2021