Chandrahas Babasaheb Sable v. The Joint Commissioner / Vice Chairman Scheduled Tribe Certificate Scrutiny Committee Nasik And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.605 OF 2020 (Chandrahas Babasaheb Sable Vs. The Joint Commissioner/Vice Chairman, Scheduled Tribe Certificate Scrutiny Committee, Nasik and others) ---- Mr. Vishwas B. Wagh, Advocate for the petitioner Mr. S.P. Tiwari, A.G.P. for the respondent/State ---- CORAM : S.V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 13.01.2020 PER COURT :

It is submitted that validation proceeding in respect of the tribe claim of the petitioner is pending with the Scrutiny Committee since the year 2013. The Vigilance Cell enquiry has already been conducted. The proceedings are, however, not decided as yet. 2.

Without issuing notice to the petitioner, the respondents have placed him on temporary post.

3.

As the impugned action is without notice to the petitioner, we quash and set aside the impugned action.

4.

In case the respondents want to take action against the petitioner of placing him on temporary post or otherwise, then notice shall be issued to the petitioner giving him an opportunity to show cause. In

wp605-2020 that event, petitioner can file reply and bring all the relevant facts to the notice of respondent No. 1 - Committee.

5.

The respondent No.1 Committee shall decide the validation proceedings expeditiously and preferably within a period of three months from the date of appearance of the petitioner before it. The petitioner shall appear before the Scrutiny Committee on 29.01.2020. The Writ Petition is accordingly disposed of. No costs.

[MANGESH S. PATIL] [S.V. GANGAPURWALA] JUDGE JUDGE npj/wp605-2020