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Bombay High CourtWP/11245/2016

Narendra Bhaskar Mahale v. State Of Maharashtra Through Secretary And ORS

2016-10-03Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

WP.11245/2016(101) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11245 OF 2016 Narendra Bhaskar Mahale

...Petitioner

Vs.

State of Maharashtra & Ors.

...Respondents

Mr. C.K. Bhangoji i/b. R.K. Mendadkar, Advocate for the Petitioner Ms. Nisha Mehra, AGP for the State CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED :3RD OCTOBER, 2016 P.C. :

Parties through their Counsel. The grievance of the Petitioner is that the Petitioner's matter relating to the validation of his caste certificate is pending before the Respondent No.2 The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, District: Nashik since 15th July, 2013. However for want of the Caste Validation Certificate the Respondent No.3 has issued a notice dated 28th July, 2016 Exhibit-C to the Petitioner directing that in case the Petitioner fails to produce the Caste Validation Certificate within one month from the date of receipt of the above communication the Petitioner's services would be terminated.

WP.11245/2016(101) 2.

According to the Petitioner for no fault on his part he will be suffering order of termination. In the circumstances the prayer is made to direct the Respondent No.2 The Scheduled Tribe Certificate Scrutiny Committee to take appropriate decision on the aforesaid Caste Validation Certificate as expeditiously as possible until then the Respondent No.3 be restrained from taking any coercive steps against the Petitioner for non-submission of the Caste Validation Certificate.

2.

Having considered the statements made by the learned Counsel for the parties we are inclined to dispose of this Petition with directions to Respondent No.2 to decide the Petitioner's case as expeditiously as possible but not later than 3 months from the date of receipt of this order. Till the Petitioner's claim is decided by the Committee he be allowed to continue in services. The Petitioner to appear before the Committee on 17th October, 2016 at 11 a.m. 3.

Writ Petition stands disposed of.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)