Ram Shripati Bhoinwad v. The State Of Maharashtra And Others

( 1 ) wp6781.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO.6781 OF 2021 RAM SHRIPATI BHOINWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. P. S. Anerao, Advocate for the petitioner Mr. P. S. Patil, AGP for the respondent/State. CORAM : S. V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED : 21-06-2021 PER COURT :- 1.

The petitioner seeks directions to decide his caste claim and also challenges the show cause notice issued by the employer directing the petitioner to produce the validity certificate otherwise action would be taken against him.

2.

Learned AGP accepts the notice for all respondents/State.

3.

It appears that upon the appointment of the petitioner the proposal has been forwarded on 20/09/2016 for deciding the caste claim of the petitioner. On 16/03/2021 the employer has issued show cause notice to the petitioner.

4.

It is not in the hands of the litigant to decide the

( 2 ) wp6781.21.odt proceeding within a stipulated time. It is submitted by the learned counsel for the petitioner that vigilance is also not yet conducted. 5.

In light of that, we pass the following order.

ORDER

(i) The petitioner shall appear before the Scrutiny Committee on 05/07/2021. The Committee shall endeavour to decide the validation proceeding expeditiously preferably within six months from the date of appearance of the petitioner.

(iii) The respondent-employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending.

(iii) The respondent may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding. 6.

The writ petition is disposed of. No costs.

(M. G. SEWLIKAR) (S. V. GANGAPURWALA) JUDGE JUDGE ssp/wp6781.21.odt