Shirishkumar Bhagwantrao Baviskar vs The Union Of India Through Its Secretary ...
2024 Latest Caselaw 22717 Bom

Bombay High Court

Shirishkumar Bhagwantrao Baviskar vs The Union Of India Through Its Secretary ... on 5 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                                                8191.24wp
                                   (1)

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

                47 WRIT PETITION NO. 8191 OF 2024

         SHIRISHKUMAR BHAGWANTRAO BAVISKAR
                             VERSUS
   THE UNION OF INDIA THROUGH ITS SECRETARY AND
                             OTHERS
                                  ....
Mr A. S. Golegaonkar, Advocate for Petitioner
Mr A. G. Talhar, DSGI for Respondent Nos.1, 3 & 4
Ms Neha Kamble, A.G.P. for Respondent No.2

                            CORAM : RAVINDRA V. GHUGE
                                            AND
                                    Y. G. KHOBRAGADE, JJ.

DATE : 5th August, 2024 PER COURT:

1. The Petitioner's claim of belonging to the 'Tokre Koli'

Scheduled Tribe category, has been invalidated by the impugned

judgment dated 19/01/2023, passed by Respondent No.2/Scrutiny

Committee. The learned Advocate for the Petitioner submits that

Respondent No.3/Employer has now decided to commence an enquiry

against the Petitioner three years after his retirement, as to why a

validity certificate was not filed. When the claim of validity certificate

was rejected, the future of the Petitioner would depend on the fate of

this matter.

8191.24wp

2. Issue notice to the Respondents, returnable on

02/09/2024. The learned D.S.G.I. waives service of notice on behalf of

Respondent Nos.1, 3 and 4. The learned A.G.P. waives service of

notice on behalf of Respondent No.2.

3. Until further orders, we direct the Authority concerned,

not to proceed with the Departmental Enquiry against the Petitioner. If

the Petitioner succeeds in this Writ Petition, he would get a validity

certificate. If he fails, the law laid down in Chairman and Managing

Director, Food Corporation of India and others Vs. Jagdish

Balaram Bahira and others, (2017) 8 SCC 670, would be applicable

to his case.

4. Since the Petitioner is receiving the provisional pension,

the same would be continued, subject to the result of this Writ Petition.

5. All office objections shall be removed on or before

26/08/2024, failing which, this Writ Petition shall stand dismissed

without further reference to the Court, on 27/08/2024.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)

sjk