Sainath Poshatti Bhairod v. Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.12289 OF 2015 Sainath s/o Poshatti Bhairad, R/o­Biloli, Tq­Biloli, Dist­Nanded ...PETITIONER

VERSUS

1) Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, Through its Member Secretary,

2) Joint Director, Accounts & Treasury, Aurangabad Division, Aurangabad,

3) District Treasury Officer, Vajirabad, Nanded, Tq. & Dist­Nanded.

...RESPONDENTS ...

Mr.Sagar S. Phatale Advocate for Petitioner. Mr.K.D. Bade Patil Advocate for Resp. No.1.

Mrs.A.V. Gondhalekar, A.G.P. for Resp.

Nos.2 and 3.

...

CORAM: R.M. BORDE AND A.I.S. CHEEMA, JJ.

DATE : 22ND DECEMBER, 2015

ORDER :

1.

This Petition can be disposed of by directing Respondent No.1 ­ Scrutiny Committee to take decision on the tribe certificate validation claim of the Petitioner, as expeditiously as possible, preferably within the period of ONE YEAR from today and it is accordingly directed.

2.

The Petitioner has been appointed by Respondent No.2 in the year 2014 and has been issued directions by his employer to produce validation certificate. Since the Scrutiny Committee has been directed to take decision on validation claim within one year, the Respondent Nos.2 and 3 are directed not to take any coercive action against the Petitioner solely on the ground of his failure to produce validation certificate. It would be open for the concerned Respondent Nos.2 and 3 to take appropriate action dependent upon the outcome of the validation claim pending

before Respondent No.1 Scrutiny Committee.

3.

With the directions as above, the Writ Petition stands disposed of.

[A.I.S. CHEEMA, J.] [R.M. BORDE, J.] asb/DEC15