Vishwambar Bandu Renewad v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12725 OF 2016 Vishwambar s/o Bandu Renewad Petitioner

Versus

The State of Maharashtra & others Respondents Mr.V.U.Jadhav, advocate for the petitioner Mr.Y.G.Gujrathi, A.G.P. for Respondents.

CORAM : R.M.BORDE & SANGITRAO S. PATIL, JJ.

DATE : 23rd December, 2016 PER COURT:

Petitioner claims to belong to "Koli Malhar", Scheduled Tribe and is in receipt of the caste certificate issued by the competent authority. The petitioner has been appointed as forest guard in the office of Respondent No.3 as against a vacancy reserved for Scheduled Tribe category. The caste certificate issued in favour of the petitioner was referred for verification to the Scrutiny Committee and the proposal is stated to be still pending. As a result of failure of the petitioner to submit validity certificate within stipulated time under the appointment order. The appointing authority has issued a notice to the petitioner to submit validity certificate and he has been further warned of adverse action in the event of his failure to submit validity certificate. Considering facts and circumstances of this petition, this petition can be disposed of by directing Respondent No.2Committee to take decision on the proposal of the petitioner, as

{2} wp1272516.odt expeditiously as possible, preferably within one year; and it is accordingly directed. Respondent No.3 is directed not to take coercive action against the petitioner during pendency of the proposal before the Scrutiny Committee.

It would be open for the employer to take appropriate action depending upon outcome of the proposal for verification of caste certificate of the petitioner by Respondent No.4-Committee. Writ Petition stands disposed of.

(SANGITRAO S. PATIL) (R.M.BORDE) JUDGE JUDGE adb/wp1272516