Suvarna Shantaram Sonawane Alias Suvarna Nitin Koli v. The State Of Maharashtra And Others

1 wp 1181.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 WRIT PETITION NO.1181 OF 2022 SUVARNA SHANTARAM SONAWANE @ SUVARNA NITIN KOLI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Mr. Sagar S Phatale AGP for Respondents: Mr. S. P. Tiwari ...

CORAM:S. V. GANGAPURWALA & S. G. DIGE,JJ.

DATE: 21st JANUARY, 2022 PER COURT:

1.

The learned Counsel for the Petitioner submits that on the basis of the Report of the vigilance the Committee straight away invalidated the claim. No opportunity was given. The copy of the Report is also not supplied to the Petitioner. 2.

We have heard the learned A.G.P.

3.

From the order, it appears that the claim of the Petitioner is invalidated only on the ground that caste certificate produced by the Petitioner is forged. Certainly an opportunity deserves to be given to the Petitioner.

2 wp 1181.2022 4.

It is trite that, if an order adverse to the interest of any party is to be passed the principles of natural justice are required to be adhered to.

5.

As the impugned order is passed without notice to the Petitioner, we pass the following order.

6.

The impugned order is quashed and set aside.

The matter is relegated before the Committee. The Petitioner shall appear before the Committee on 21.02.2022. The Petitioner shall be supplied with the copy of the Report. The Petitioner may file Say to the Report and thereafter, the Committee may decide the proceedings in accordance with law. 7.

The Writ Petition is accordingly disposed of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] marathe