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Bombay High CourtWP/4706/2023disposed off

Chandrashekhar Pandurang Holkar v. The State Of Maharashtra Through Secretary And Others

2023-04-26Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

4706.2023WP -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 140 WRIT PETITION NO.4706 OF 2023 CHANDRASHEKHAR PANDURANG HOLKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Mr.D.D. Choudhari, Advocate for the Petitioner. Mr.S.G. Karlekar, AGP for Respondent/State.

.....

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

DATED : 26th APRIL, 2023.

PER COURT :- 1.

The Petitioner is in employment with Respondent Nos.3 and 4. He has received the notice of termination for non-submission of Koli Mahadev Scheduled Tribe Validity Certificate. 2.

The Petitioner submits that his proposal was forwarded on 05.07.2016. Since the tribe certificate was not in proper format, his proposal was rejected on 19.07.2022. He obtained the corrected certificate on 07.09.2022. The corrected certificate is tendered to the Committee. Proceedings are still pending.

3.

In view of the above, this petition is disposed off with the following directions :- (a) The Petitioner, if not yet tendered, shall tender the

4706.2023WP -2corrected certificate to the Committee by making an online application within 21 days from today along with the physical copy of the certificate.

(b) The Committee shall commence the proceedings, if not yet commenced, and decide the claim of the Petitioner, on or before 31st December, 2023.

(c) The Petitioner's e-mail address is chandrashekhar.holkar1993@gmail.com.

Any notice by the Committee can be served on the Petitioner on his e-mail, which shall be considered as proper service.

(d) If the Petitioner seeks an adjournment on unreasonable or trivial ground, the Committee would be justified in progressing to the next stages in the proceedings.

(e) Respondent Nos.3 and 4 employer, will not terminate the services of the Petitioner until 31.12.2023 or till the date of the order of the Committee, whichever is earlier.

(f) If the decision of the Committee is adverse to the Petitioner, the same shall not be acted upon for a period of 15 days so as to enable the Petitioner to avail the legal remedy, as may be permissible in law.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) sga/