Sagar Santosh Thakur v. Scheduled Tirbe Certificate Scrutiny Committee Nandurbar Through Its Member Secretary And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2402 OF 2020 Sagar Santosh Thakur .. Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee Nandurbar through its Member Secretary and others .. Respondents Shri Sagar S. Phatale, Advocate for the Petitioner. Shri V. S. Badakh, A.G.P. for the All Respondents/State. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

06TH FEBRURY 2020.

FINAL ORDER :

.

The learned counsel for the petitioner submits that, the validation proceeding has been submitted before the Committee on 07.01.2020. The petitioner is appointed in the year 2018 and was sent for training for one year. After returning from training the proposal has been submitted for verification of the caste certificate. The employer has issued notice to submit the validity within a period of fifteen to thirty days or else adverse action would be taken.

2.

The learned Assistant Government Pleader waives notice for all respondents.

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The respondent/Committee shall decide the validation proceeding in respect of tribe claim of the petitioner on its own merits, in accordance with law, expeditiously and preferably within a period of nine (09) months from the date of appearance of the petitioner. The petitioner shall appear before the Committee on 20.02.2020. The petitioner shall co-operate in expeditious disposal of the proceeding. The employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. Of course, the employer is at liberty to take further course of action depending upon the judgment that would be delivered by the Committee in validation proceeding. If it is found that, the petitioner is not co-operating in expeditious disposal of the validation proceeding, the employer may take further course of action.

4.

In view of the above, the writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 20