Chandrashekhar S/O Vishwanath ... vs State Of Maha. Thr. Secretary, ...
2023 Latest Caselaw 2223 Bom

931-J-WP-3481-21                                                         1/5


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH, NAGPUR.

                    WRIT PETITION NO.3481 OF 2021


Chandrashekhar s/o Vishwanath Sakharpohe,
aged about 58 years, Occ. Service as Auditor Grade-I,
Co-operative Societies (ADF), Akola, Resident of
Gayatri Nagar, Kaulkhed Road, Akola                       ... Petitioner

-vs-

1. State of Maharashtra thr. its Secretary,
   Ministry of General Administration Department,
   Mantralaya, Mumbai 400 032

2. State of Maharashtra, through its Secretary,
   Ministry of Co-operation, Marketing and
   Textile, Mantralaya, Mumbai 400 032

3. Divisional Joint Registrar, Cooperative
   Societies (Audit), Amravati Division,
   Amravati

4. District Caste Certificate Scrutiny Committee,
   Akola, Collectorate Office, Administrative Building,
   2nd Floor, Akola                                       ... Respondents

Shri Narayan Phadnis, Advocate for petitioner.
Ms N. P. Mehta, Assistant Government Pleader for respondents.

            CORAM : A. S. CHANDURKAR AND M. W. CHANDWANI, JJ.

DATE : March 08, 2023

Oral Judgment : (Per : A. S. Chandurkar, J.)

Rule. Rule made returnable forthwith and heard the learned

counsel for the parties.

The challenge raised in this writ petition is to the order dated

19/07/2018 passed by the District Caste Certificate Scrutiny

Committee (for short, Scrutiny Committee), Akola invalidating the 931-J-WP-3481-21 2/5

petitioner's claim of belonging to Lingder Scheduled Caste.

2. The petitioner came to be appointed on the post of Auditor

Grade-I, Co-operative Societies on 04/02/1994 on a post that was

reserved for a Scheduled Caste candidate. Since the petitioner was

required to obtain validity certificate for his continuation in service, his

caste certificate was thus forwarded to the Scrutiny Committee for

verification. The Scrutiny Committee received the report of the

Vigilance Cell on 18/05/2018 after which explanation of the petitioner

was called by 28/05/2018. The petitioner remained absent on that

date. Thereafter the proceedings were fixed on 07/06/2018 and

18/06/2018 on which dates the petitioner was again absent.

Consequently on 19/07/2018 the Scrutiny Committee in absence of the

petitioner passed an order invalidating his claim.

3. It is submitted by the learned counsel for the petitioner that he

had challenged the order of Scrutiny Committee in Writ Petition

No.3735/2020 however, for want of necessary pleadings to justify his

absence before the Scrutiny Committee, the writ petition was not

entertained on merits but it was disposed of by granting liberty to file a

fresh writ petition. Accordingly this writ petition has been filed.

931-J-WP-3481-21 3/5

4. Before challenging the order of Scrutiny Committee, the

petitioner had sought to protect his services by being placed on

supernumerary post till his superannuation during pendency of the writ

petition. However, his services were terminated by the order dated

01/12/2020.

5. It is submitted by the learned counsel for the petitioner that

the petitioner was not present before the Scrutiny Committee on

28/05/2018. However on 07/06/2018 which was the next date, the

petitioner's son met with an accident and he was required to be

hospitalized. The petitioner could not attend the proceedings on that

day. On the subsequent date of the proceedings which was

18/06/2018 the petitioner's daughter was to be married. For these

reasons he again remained absent. It is submitted that absence of the

petitioner was not deliberate but on account of aforesaid reasons. An

opportunity be therefore granted to seek adjudication of his claim on

merits. The petitioner seeks to rely upon old documents to

substantiate his claim of entitlement to a validity certificate.

6. The aforesaid request is opposed by the learned Assistant

Government Pleader by urging that three opportunities were granted to

the petitioner to substantiate his claim. The petitioner did not issue 931-J-WP-3481-21 4/5

any communication to the Scrutiny Committee indicating the reasons

of his absence. The Scrutiny Committee had no option but to proceed

further in the matter. Hence no interference was called for.

7. We have perused the writ petition and the documents filed

along with it. Un-disputedly on 28/05/2018 the petitioner remained

absent in the proceedings before the Scrutiny Committee. However

his explanation for his absence on 07/06/2018 and 18/06/2018

deserves to be accepted in the light of documents on record. The

petitioner's son met with an accident and was required to be

hospitalized on 07/06/2018. Similarly the petitioner's daughter was

married on 18/06/2018 for which reason he did not attend the

proceedings before the Scrutiny Committee. We find that in these facts

an opportunity deserves to be granted to the petitioner to substantiate

his claim. We also note that petitioner's services have since been

terminated by the order dated 01/12/2020 for failure to submit a

validity certificate. Consideration of the petitioner's claim on merits is

warranted since the social status of the petitioner is sought to be

adjudicated.

8. In these facts, the interests of justice would be served by

passing the following order :

                      931-J-WP-3481-21                                                        5/5


                     (i)      The order dated 19/07/2018 passed by the Scrutiny Committee

                              is quashed and set aside.

                     (ii)     The proceedings are remanded to the Scrutiny Committee for

                              fresh adjudication in accordance with law.

                     (iii)    To enable the petitioner's claim to be considered, the petitioner

shall attend the office of Scrutiny Committee at Akola on

20/03/2023.

(iv) Since the report of the Vigilance Cell is received by the Scrutiny

Committee, the proceedings shall commence from that stage by

granting an opportunity to the petitioner to show cause against

the observations by the Vigilance Cell.

(v) The proceedings be decided by the end of June 2023 on their

own merits and in accordance with law.

(vi) Needless to state that other ancillary prayers would depend

upon the adjudication of the Scrutiny Committee and same are

kept open for future consideration if the occasion arises.

With these directions, the writ petition is partly allowed and

disposed of. Rule accordingly. No costs.

                                (M. W. Chandwani, J.)           (A. S. Chandurkar, J.)



Digitally signed byASMITA
ADWAIT BHANDAKKAR    Asmita
Signing Date:09.03.2023
15:00:11