Anil Pralhad Sapkale v. The State Of Mah And ORS

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8985 OF 2012 ANIL PRALHAD SAPKALE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

None for the Petitioner.

AGP for Respondents 1 and 2 : Shri S.B.Yawalkar Advocate for Respondent 3 : Shri M.K.Goyanka a/w Shri Manoj Shinde ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.

DATE :- 21st October, 2021 Per Court :- 1.

Shri Sawangikar, the learned advocate for the petitioner, has already been discharged and this has been observed in our order dated 09.09.2021. The court notice for final disposal has been served upon the petitioner, after it was issued vide order dated 09.09.2021. Despite service of notice, none appears for the petitioner.

2.

The petitioner has challenged the show cause notice dated 13.09.2012 issued by respondent No.3/MSRTC directing him to produce the caste validity certificate. This Court has not

*2* granted any interim relief to the petitioner in the last about 09 years.

3.

The learned advocate for respondent No.3/ MSRTC submits that the caste validity certificate is necessary and certain directions to respondent No.2/ Scrutiny Committee would be required so as to put this issue to rest.

4.

In view of the above, this Writ Petition is disposed off.

5.

However, if the proceedings are still not decided or disposed off by respondent No.2/ Scrutiny Committee, we issue the following directions:- (a) Respondent No.2 shall issue a notice of hearing to the petitioner and post the matter on 18.11.2021 at 12:00 noon. (b) The proceedings in the caste validity claim would be expeditiously commenced by respondent No.2 so as to ensure that a decision is delivered on or before 30.04.2022. (c) The petitioner shall cooperate in the proceedings and shall refrain from seeking adjournments on unreasonable or trivial grounds.

(d) If the petitioner does not render cooperation, respondent No.2 would be at liberty to proceed further with the

*3* proceedings.

(e) In the event, the petitioner is still in employment, he shall be continued as such till 30.04.2022 or till respondent No.2/ Committee decides the claim, whichever is earlier. kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)