Kishor Gorakh Bagul v. The State Of Maharashtra And Others

1 WP - 7182-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7182 OF 2018 Kishor Gorakh Bagul .. Petitioner

Versus

The State of Maharashtra and others .. Respondents ...

Mr. Anandsingh Bayas, Advocate for petitioner Mr. S.R. Yadav Lonikar, A.G.P. for respondent-State ...

CORAM : NARESH H. PATIL, ACTING CHIEF JUSTICE & SUNIL P. DESHMUKH, J.

DATE : 27-08-2018 ORAL ORDER :

1.

Learned counsel for petitioner submits that petitioner is in service with Zilla Parishad, Nandurbar and application for verification of his caste, is pending before respondent no. 2 - The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar. 2.

Learned A.G.P. submits that within a period of four months from today, respondent no.2 - Committee will decide petitioner's application.

3.

Without expressing any opinion on the merits of the proceedings pending before the respondent no. 2 - committee, we

2 WP - 7182-2018 direct the said committee to decide petitioner's application for verification of his caste claim within a period of four months from today. Petitioner undertakes to co-operate with the respondent no. 2 - Committee. In case, respondent no. 2 - Committee finds that the petitioner has failed to co-operate with the Committee for completion of the proceedings, then the Committee is at liberty to pass appropriate orders ex parte on the basis of material made available before the said Committee.

4.

Zilla Parishad, Nandurbar issued notice to petitioner in August, 2017, calling upon his explanation, as to why services of petitioner be not brought to an end as the petitioner has failed to submit the caste validity certificate.

5.

Learned counsel for petitioner submits that there is serious apprehension that the services of petitioner may be terminated, and, therefore, he seeks protection for a period of four months.

6.

Learned counsel appearing for petitioner submits that petitioner is still in service. By an interim protection, we direct the respondent - Zilla Parishad, Nandurbar, not to take any coercive action against the petitioner for a period of four months from today.

3 WP - 7182-2018 7.

Writ petition stands disposed of accordingly. [SUNIL P. DESHMUKH] ACTING CHIEF JUSTICE JUDGE arp/