Bombay High CourtWP/1963/2016admittedallwdgrantedrule absolute

Hemant S/O. Sudhir Channakeshala v. The State Of Maha. Thr. Secretary, Mumbai And Others

2016-07-12Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

1207wp1963.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1963/2016 Hemant s/o Sudhir Channakeshala ...Versus...

The State of Maharashtra through its Secretary, Tribal Development Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.V. Sawalkar, Advocate for petitioner Shri V.P. Gangane, AGP for respondent nos.1 and 2 Shri Abhay Sambre, Advocate for respondent no.3 CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 12.07.2016 By this writ petition, the petitioner has sought a direction against the respondent - Scrutiny Committee to decide the caste claim of the petitioner, within a time-frame. The petitioner has sought a direction against the respondent no.3 to protect the services of the petitioner, till his caste claim is decided.

Shri Gangane, the learned Assistant Government Pleader appearing on behalf of the Scrutiny Committee states, on instructions, that the caste claim of the petitioner is pending before the Scrutiny Committee and the vigilance enquiry is complete. It is stated that the claim of the petitioner would be decided within a reasonable time.

1207wp1963.16.odt In view of the statement made by the learned Assistant Government Pleader, we allow the writ petition. We direct the Scrutiny Committee to decide the caste claim of the petitioner, as early as possible and positively within nine months. The respondent no.3 is directed to protect the services of the petitioner, till his caste claim is decided.

Order accordingly. No costs.

JUDGE JUDGE Wadkar