Harishchandra Basappa Bansode vs State Of Maharashtra Through ...
2021 Latest Caselaw 9601 Bom

                                                                          32.wp.3116.21.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 3116 OF 2021


   Harishchandra Basappa Bansode                     ...        Petitioner

             Versus

   State of Maharashtra & Ors.                       ...        Respondents
                                        .........

   Mr. D.V. Sutar for the Petitioner.
   Ms. P.N. Diwan, A.G.P. for the State-Respondent No.1.
                                      .........


                                       CORAM         : R.D. DHANUKA &
                                                       R.I. CHAGLA, JJ.

                                       DATE          : 22nd JULY, 2021.
                                                       (V.C.)
   P.C. :-



   1                  Issue notice upon the Respondent No.3, returnable on

13.08.2021. Hamdast is permitted. In addition to the Court notice,

the Petitioner is permitted to serve Respondent No.3 by a private

notice by all permissible modes available in law.

2 The learned Counsel for the Petitioner states that the

issue involved in this Petition is covered by the judgment of this Court

in case of Prabhakar s/o Dnyanoba Shinde vs. State of Maharashtra

Waghmare 1 / 3

32.wp.3116.21.doc

and others1 and in case of Sagar Bhupal Malage vs. Member/

Chairman, Divisional Caste Scrutiny Committee No.2, Kolhapur and

others2 and various other judgments.

3 Affidavit-in-reply shall be filed by the Respondents within

two weeks from the date of service of the papers and proceedings with

a copy to be served upon the Petitioner's Advocate simultaneously.

The Respondents to make a statement whether the issues raised in this

Petition are covered by the aforesaid judgments or not on the next

date.

4 Till next date, Respondent No.3 shall not terminate the

services of the Petitioner as an Assistant Teacher to the Respondent

No.3-School. Petitioner is directed to communicate this order to

Respondent No.3.

5 Respondent Nos.1 and 2 shall not take any coercive steps

against the Petitioner pursuant to the order dated 18.08.2020 till next

date.

6 Respondent Nos.1 and 2 are directed to produce the

Original records and proceedings before the Scrutiny Committee for

1 2020(3) Mh.L.J. 467 2 2019(3) Mh.L.J. 319

Waghmare 2 / 3

32.wp.3116.21.doc

perusal of this Court on or before the next date. The Petitioner would

be at liberty to take inspection of the original records and proceeding

in the chamber of the learned A.G.P. in advance.

   7             Stand over to 13.08.2021.




   ( R.I. CHAGLA, J. )                              ( R.D. DHANUKA, J. )




Waghmare                                     3   / 3