Subhash Gangayya Donkalwar v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:3362-DB 1692.25wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 WRIT PETITION NO. 1692 OF 2025 SUBHASH GANGAYYA DONKALWAR

VERSUS

1. THE STATE OF MAHARASHTRA THROUGH SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MUMBAI

2. THE SCHEDULED TRIBE CERTIFICATE VERIFICATION COMMITTEE, KINWAT

3. THE SUPERINTENDENT OF POLICE, NANDED ....

Mr S. M. Vibhute, Advocate for petitioner Mr R. K. Ingole, A.G.P. for respondents/State CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 5th February, 2025 PER COURT:

1.

The petitioner's proposal has been pending with respondent No.2/scrutiny committee for validation of his tribe certificate, but simultaneously the employer has warned of drastic action for non-production of the validity certificate. 2.

It is being pointed out that the proposal of petitioner's sons, namely, Rushikesh and Mallikarjun are pending with the scrutiny committee. In fact, the common vigilance enquiry was conducted in their matter and in the matter of three other individuals, namely, Parth

1692.25wp (2) Vijay Donkalwar, Priti Vijay Donkalwar and Atharva Pandit Donkalwar. Having faced invalidation, these three individuals had approached this Court, which has quashed and set aside the order of invalidation and has held them entitled to have certificates of validity, though conditional.

3.

In the light of the above, this writ petition is disposed of directing respondent No.2/scrutiny committee to consider petitioner's request to apply the vigilance enquiry report in the matter of his sons and to adopt the response filed by them thereto, and decide his proposal, as expeditiously as possible and in any case, within a period of six weeks.

4.

Services of the petitioner shall be protected for a period of six weeks.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk