Khandu Kisan Rohilwad v. The State Of Maharashtra And Others

1 Sr6 WP2066.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 2066 OF 2018 Khandu S/o Kisan Rohilwad ... Petitioner

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Mr O. B. Boinwad, Advocate for the petitioner Mr A. S. Shinde, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 20TH FEBRUARY, 2018.

ORDER:

1.

Learned counsel for the petitioner submits that, the validation proceeding in respect of the tribe claim of the petitioner is pending. The vigilance is not yet conducted. The employer has issued a notice directing the petitioner to produce validity certificate within 30 days or else the services of the petitioner would be terminated.

2.

The learned AGP accepts notice for all the respondents.

2 Sr6 WP2066.2018 3.

Considering the fact that the validation proceeding is pending, we pass the following order.

ORDER

(i) The respondent No. 2 - Committee shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously, preferably within a period of six months from the date of appearance of the petitioner. (ii) The petitioner shall appear before the Committee on 05.03.2018.

(iii) The impugned notice is quashed and set aside. (iv) The respondent no. 3 shall not take adverse action against the petitioner only on the ground that the validation proceeding is pending. The respondent no. 3 can take further course of action depending upon the judgment that would be delivered by the Committee.

(v) The petitioner shall cooperate with the Committee in expeditious disposal of the proceeding.

4.

The writ petition is, accordingly, disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde