Girish Krushnakant Navkhande vs State Of Maharashtra Thr ...
2022 Latest Caselaw 12945 Bom

                                                                 43.14784.22-WP.docx

         Digitally
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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         BASAVRAJ
BASAVRAJ GURAPPA                        CIVIL APPELLATE JURISDICTION
GURAPPA PATIL
PATIL    Date:
         2022.12.15
         17:46:10
         +0530
                                       WRIT PETITION NO. 14784 OF 2022

                      Girish Krushnakant Navkhande                 ..... Petitioner

                             Vs.

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


                      Mr. R. K. Mendadkar for the Petitioner
                      Mr. P. P. Kakade, GP a/w. Mr. R. P. Kadam, AGP for Respondent Nos.1
                      and 2
                      Mr. R. V. Govilkar a/w. Carina Xavier for Respondent No.3


                                             CORAM:    S.V.GANGAPURWALA, ACJ &
                                                       S.G.CHAPALGAONKAR, J.

DATED : DECEMBER 13, 2022

P.C.

1 We have heard the learned Counsel for the Petitioner, the

learned AGP for the State and learned Counsel for Respondent No.3.

2 The Petitioner is employed with Bhabha Automic Research

Center. Notice is issued to the Petitioner asking the Petitioner to

submit a validity certificate on or before 12th December 2022, else,

the services would be terminated from 13th December 2022.

3 It is submitted that the proceedings before the Scrutiny

Committee for issuance of the Validity Certificate is pending since

October 2022. It is submitted that, earlier, proceedings were filed

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before the Committee wherein the Petitioner claimed to belong to

Koli Mahadev, Scheduled Tribe. Same was negatived. The Petitioner

filed Writ Petition in this Court bearing Writ Petition No.9380/2013.

This Court, under order dated 15th November 2017, granted liberty to

the Petitioner to obtain Tribe Certificate of Koli Malhar.

Subsequently, the Petitioner obtained Tribe Certificate of Koli

Malhar in the year 2018.

4 It is submitted by the learned Counsel for the Petitioner that

the Petitioner had filed on-line Application but the same was not

being accepted. As such, the delay has been caused.

5 We are not ready to accept the version of the Petitioner in that

regard. In case, the on-line Application was not being accepted, the

Petitioner, immediately, could have come to this Court or filed

physical Application. The Petitioner, it appears, was just buying

time and only recently in October 2022 the proposal, it seems, has

been submitted for validation.

6 Be that as it may, it is stated that the matter of the Petitioner is

pending for the vigilance before the Scrutiny Committee.

7 Considering that the matter is sub judice before the Scrutiny

Committee, we pass the following order:

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                                              43.14784.22-WP.docx




      a.    The impugned communication dated 3rd October 2022 is

      set aside.


      b.    The Petitioner shall appear before the Committee on 11 th

January 2023 and shall appear on all further dates that would

be given by the Committee.

c. The Committee shall endeavour to decide the

proceedings, expeditiously and preferably within three months

from the date of appearance of the Petitioner.

d. Depending upon the judgment delivered by the Scrutiny

Committee, the Respondent - employer may take further

course of action against the Petitioner.

e. The Writ Petition is disposed of. No costs.

( S.G.CHAPALGAONKAR , J)                 (ACTING CHIEF JUSTICE)




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