Navneetsing Yogendrasing Thakur v. The State Of Maharashtra And Others

1 wp 2442.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2442 OF 2018 Navneetsing Yogendrasing Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Madhur A. Golegaonkar, Advocate for the Petitioner. Mrs. M. A. Deshpande, Addl. G. P. for Respondents. CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 6 th March, 2018 PER COURT :

1.

Issue notice to respondents. Learned A.G.P. waives notice for all respondents.

2.

Learned advocate for the petitioner submits that validation proceeding in respect of tribe claim of the petitioner is pending with respondent No. 2 - committee since the year - 2004. This court in Writ Petition No. 9412 of 2011, filed by the petitioner, had under order dated 12th April, 2012, directed the committee to decide the tribe claim within six months. The same is not yet decided. The learned advocate submits that the vigilance was

2 wp 2442.18 conducted long back.

3.

The learned Additional Government Pleader submits that the committee would decide the proceeding on its own merits. 4.

Learned advocate for the petitioner submits that the employer has issued notice to the petitioner asking to produce the validity or else his services would be terminated. 5.

When this court had passed the order on 12th April, 2012, to decide the proceeding within six months, the committee ought to have decided the proceeding by now.

6.

By way of last opportunity, we grant four (4) months time to the committee to decide the proceeding from the date of appearance of the petitioner. The petitioner shall appear before the committee on 19th March, 2018. The petitioner shall cooperate in expeditious disposal of the proceeding. 7.

If the committee does not decide the proceeding within the time as stipulated above, then the court would be constrained to take coercive action against the members of the committee.

3 wp 2442.18 8.

The impugned notice issued by the employer is quashed and set aside. The employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. The employer can take further course of action depending upon the judgment that will be delivered by the committee in the validation proceeding.

9.

The writ petition accordingly stands disposed of. No costs. [A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe