Mahesh Shantaram Thakur v. Scheduled Tribe Certificate Scrutiny Committee

929 wp.7453.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

929 WRIT PETITION NO.7453 OF 2021 MAHESH SHANTARAM THAKUR

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND OTHERS ...

Advocate for Petitioner : Mr. Mahesh S. Deshmukh. AGP for Respondent/State: Mr. S. G. Karlekar. ...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

09th July, 2021.

P.C.:

.

Mr. Deshmukh, learned counsel submits that the validation proceeding in respect of the caste claim of the petitioner is pending since October 2020 with Respondent No.1 after re-submission of the tribe certificate issued from the competent authority. The same is not yet decided. The employer has issued notice to the petitioner directing the petitioner to submit validity certificate or else the services of the petitioner would be terminated.

Issue notice to the Respondents.

The learned AGP accepts notice for all the Respondents. The petitioner shall appear before the Committee on 30th July, 2021. The Committee shall endeavour to decide the proceeding

929 wp.7453.21.odt expeditiously, preferably within six months from the date of appearance of the petitioner.

The impugned show cause notice is quashed and set aside. The respondent/employer shall not take adverse action against the petitioner only on the ground that the validation proceeding is pending.

The employer may take further course of action depending upon the judgment that would be delivered by the Committee in validation proceeding.

The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga