Pranit Shashikant Saindani v. Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Its Member Secretary And Another

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.2227 OF 2018 Pranit Shashikant Saindani.

... Petitioner.

Versus

Scheduled Tribe Certificate Scrutiny Committee, Nandurbar and others.

... Respondents.

...

Mr.G.R.Syed, advocate holding for Mr.M.S.Deshmukh, advocate for the petitioner. Mr.A.V.Deshmukh, A.G.P. for the State.

Mr.S.V.Adwant, advocate for Respondent No.2.

...

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

Date : 12.03.2018.

PER COURT :

1.

It is submitted that validation proceedings in respect of tribe claim of the petitioner is pending since 2014. The Vigilance

is also conducted. The petitioner has also filed his say to the Vigilance report but the Committee has not decided the validation proceedings and the employer is seeking validity certificate. 2.

The learned counsel for Respondent No.2 submits that the petitioner is appointed from the reserved category, as such is required to submit the validity certificate.

3.

Inspite of the fact that even say is filed to the Vigilance report, the Respondent No.1 Committee has not decided the proceedings. 4.

The petitioner shall appear before the Respondent No.1 on 26.3.2018. The Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner within a period of four (4) months from the date of appearance of petitioner. The petitioner shall cooperate in expeditious disposal of the proceedings.

5.

If the Respondent No.1 Committee does

not decide the validation proceedings within four

(4) months as directed then the Court would be constrained to issue notice of contempt to the Members of Respondent No.1.

6.

The Respondent No.2 shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. The Respondent No.2 may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceedings.

7.

The Writ Petition is disposed of. No costs.

(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp2227.18