Maheshkumar Balajirao Gurlewad v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:16677-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 WRIT PETITION NO. 7464 OF 2025 MAHESHKUMAR BALAJIRAO GURLEWAD

VERSUS

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

Advocate for the Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents/State : Mr. R.K. Ingole .....

CORAM : MANISH PITALE & Y.G. KHOBRAGADE, JJ.

DATE :

30th June, 2025 P.C. :- 1.

Heard learned counsel for the Petitioner and the learned AGP for the Respondents.

2.

The present petition has been filed for a limited purpose. The claim of the Petitioner of belonging to the scheduled tribe is pending scrutiny before the Respondent No.4-Committee. It is the case of the Petitioner that during the pendency of the said proceedings, recently on 11.06.2025, the Respondent No.3 has issued a direction to Respondent No.2 requiring the Petitioner to submit caste / tribe validity certificate within a period of six months from the date of appointment. It is indicated

( 2 ) that if the validity certificate is not produced, further action would be taken in this matter.

3.

The learned AGP submits that the proceedings before the Respondent No.4/Committee are at the stage where the vigilance inquiry has been conducted and therefore the proceeding can reach its culmination within six weeks from today.

4.

We are of the opinion that during the pendency of the proceeding before the the Respondent No.4, it would not be appropriate that any adverse action is taken against the Petitioner on the basis of the communication dated 11.06.2025.

5.

In view of the above, the Writ Petition is disposed of by issuing the following directions:

a) The Respondent No.4/Committee is directed to communicate the vigilance inquiry report to the Petitioner immediately upon its receipt by email for which the purpose Petitioner shall provide his e-mail ID to Respondent No.4/Scrutiny Committee. Thereupon, the Scrutiny Committee shall expeditiously take up the the matter and ensure that the proceeding is completed and order is passed in the case of the Petitioner within six weeks from today.

( 3 ) b) The Petitioner shall not seek regularization, increments, pay fixation, promotion, service benefits etc. until his tribe claim is validated. c) Till such time as the Respondent No.4/Scrutiny Committee passes its order in the case of the Petitioner, further steps shall not be taken in furtherance of communication dated 11.06.2025 and if the order of the Scrutiny Committee is adverse to the Petitioner, such protection will continue for a period of two weeks from the date of the order of the Scrutiny Committee.

[Y.G. KHOBRAGADE, J.] [MANISH PITALE, J.] mub