Ram Shripati Bhoinwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 8206 Bom

                                          (1)                      wp6781.21.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                    21 WRIT PETITION NO.6781 OF 2021

                      RAM SHRIPATI BHOINWAD
                              VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS

Mr. P. S. Anerao, Advocate for the petitioner
Mr. P. S. Patil, AGP for the respondent/State.

                                      CORAM : S. V. GANGAPURWALA &
                                              M. G. SEWLIKAR, JJ.

                                      DATED : 21-06-2021

PER COURT :-

1.             The petitioner seeks directions to decide his caste claim

and also challenges the show cause notice issued by the employer

directing the petitioner to produce the validity certificate otherwise

action would be taken against him.


2.             Learned          AGP    accepts   the        notice        for       all

respondents/State.


3.             It appears that upon the appointment of the petitioner

the proposal has been forwarded on 20/09/2016 for deciding the

caste claim of the petitioner. On 16/03/2021 the employer has

issued show cause notice to the petitioner.


4.             It is not in the hands of the litigant to decide the




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proceeding within a stipulated time. It is submitted by the learned

counsel for the petitioner that vigilance is also not yet conducted.


5.              In light of that, we pass the following order.

                                          ORDER

(i) The petitioner shall appear before the Scrutiny

Committee on 05/07/2021. The Committee shall

endeavour to decide the validation proceeding

expeditiously preferably within six months from the date

of appearance of the petitioner.

(iii) The respondent-employer shall not take adverse

action against the petitioner only on the ground that

validation proceeding is pending.

(iii) The respondent may take further course of action

depending upon the judgment that would be delivered

by the Committee in the validation proceeding.

6. The writ petition is disposed of. No costs.

     (M. G. SEWLIKAR)                                 (S. V. GANGAPURWALA)
          JUDGE                                                JUDGE




ssp/wp6781.21.odt