Nandkishor Baburao Sonawane v. The Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary

2024:BHC-AUG:1746-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 785 OF 2024 NANDKISHOR BABURAO SONAWANE

VERSUS

THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE THROUGH ITS MEMBER SECRETARY ....

Mr Atul Pawar, Advocate h/f Mr B. S. Deshmukh, Advocate for Petitioner;

Mr R. S. Wani, A.G.P. for Respondent/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 24th January, 2024 PER COURT:

1.

Heard the learned Advocates for the respective sides. The claim of the Petitioner of belonging to the 'Tokre Koli' Scheduled Tribe category is pending validation since 2012. The Scrutiny Committee noticed a spelling mistake in 2012. Since then, the Vigilance Cell Enquiry was completed. The Petitioner tendered new documents, thereby once again compelling the Scrutiny Committee to conduct a Vigilance Cell Enquiry. 2.

The Petitioner desires to become a Police Sub Inspector, by promotion. Since for more than 25 years, he did not tender a validity certificate, he is now under an embargo to

(2) produce the certificate if he desires to participate in the said promotion process for becoming a Police Sub Inspector. 3.

The learned A.G.P. prays that, a minimum of six months time be granted to the Scrutiny Committee to take a decision.

4.

In view of the above, this Writ Petition is disposed off, with the following directions :

(a) The Petitioner shall render wholehearted cooperation to the Scrutiny Committee. He furnishes his E-mail I.D. as akashtau@gmail.com, confirming that all correspondence by the Committee can be made through this E-mail I.D. He will not raise a ground that he was unable to access the E-mail.

(b) Let the Vigilance Cell Enquiry be completed within a period of 45 days from today. A further period of 15 days is granted to the Petitioner, to tender his oral/written submissions, after receiving the Vigilance Cell Enquiry Report/notice through E-mail.

(3) (c) A final order be passed by the Scrutiny Committee on or before 31/05/2024.

5.

Needless to state, if the Petitioner's claim is validated, he would be at liberty to claim all service benefits. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk