Kashinath Raghunath Bagul v. State Of Maharashtra Through Its Secretary And ORS.

902.wp.12813.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12813 OF 2018 Kashinath Raghunath Bagul ...

Petitioner

Versus

State of Maharashtra & Ors.

...

Respondents Mr. T. V. Jadhav I/by Mr. R. K. Mendadkar for Petitioner. Mrs. M. P. Thakur, AGP for Respondents - State.

CORAM

:

R. M. SAVANT AND NITIN W. SAMBRE, JJ.

DATE :

2nd NOVEMBER 2018.

P.C.

.

The cause for approaching this Court by way of the above Writ Petition is the Show Cause Notice dated 24th October 2018 (Exhibit - A) issued by the Deputy Commissioner of Police Head Quarters, Nashik, by which Show Cause Notice the Petitioner has been asked to produce the caste validity certificate within 10 days, failing which, the Petitioner is informed that action would be taken under the Caste Certificate Act, 2001 against him.

2.

The Petitioner's caste certificate has been sent for validation in the year 2013 and the said proceedings are pending. During the pendency Vijaya Gourishankar Yadav Yadav VG 1/2 by Vijaya Gourishankar Yadav Date: 2018.11.03 13:06:15 +0530

902.wp.12813.18.odt of the said proceedings the show cause notice dated 24th October 2018 came to be issued to the Petitioner. The letter dated 19th September 2018 addressed by the Committee to the Petitioner indicates that the home enquiry by the Vigilance Cell has been completed. 3.

In our view, therefore, it is just and proper to direct the Respondent No.2 - Committee to decide the caste/tribe claim of the Petitioner latest by 28th February 2019 by giving proper opportunity to the Petitioner.

4.

The Petitioner to appear before the Respondent No.2 - Committee on 15th November 2018 and the Committee to thereafter decide the tribe claim of the Petitioner within the outer time limit fixed by the aforesaid order.

5.

Until the caste/tribe claim of the Petitioner is decided by the Respondent No.2 - Committee, no coercive steps be taken against the Petitioner in respect of his service.

6.

With the directions as aforesaid, the Writ Petition is disposed of.

(NITIN W. SAMBRE, J.) (R. M. SAVANT, J.) Yadav VG 2/2