Minabai Nagaorao Vajire v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO.4185 OF 2023 MINABAI NAGAORAO VAJIRE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....

Advocate for Petitioner : Mr. Boinwad Omgashad B. AGP for Respondent Nos. 1 and 2: Mr. S.K. Tambe Advocate for Respondent No.3 : Mr. U.B. Bondar .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 12th APRIL, 2023.

PER COURT :- 1.

The petitioner's claim of belonging to Koli Mahadev 29, Scheduled Tribe is pending validation with the Committee since 27.9.2013. She is in employment and has another 10 years for retirement. She has received a show cause notice dated 23.3.2023 from the employer, questioning her for not tendering the validity certificate. She is informed that she is likely to be terminated. 2.

Considering the above, this petition is disposed off with the following directions:- a) The committee would complete the Vigilance Cell inquiry on or before 31.08.2023.

wp4185.23 -2b) The final verdict in the said proceeding would be delivered by the committee on or before 31.12.2023.

c) The Petitioner's service shall not be dispensed with by the employer, solely for the reason of deficiency in tendering the validity certificate, until 31.12.2023 or till the decision of the committee, whichever is earlier.

d) If the decision of the committee is adverse to the Petitioner, the same would not take effect for a period of 15 days to enable the Petitioner to avail of the legal remedy, as may be permissible in law.

e) The Petitioner would render wholehearted cooperation to the committee and refrain from seeking adjournments in the case, lest the committee would be justified in progressing to the next stage in the proceeding. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/