Haribhau S/O. Govindrao Bayaskar v. The Vice-Chairman / Member Secretary Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati

1 977-WP6301.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6301 OF 2019 Haribhau S/o. Govindrao Bayaskar, Aged about 43 yrs. Occ. Agriculturist, R/o. Malipura, Barshitakli, Tah. Barshitakli, Distt. Akola.

PETITIONER ...VERSUS...

The Vice-Chairman/Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, Chaprashipura, Amravati.

RESPONDENT ----------------------------------------------------------------------------------- Ms. Preeti D. Rane, Advocate for the petitioner. Shri. Amit Madiwale, Assistant Government Pleader for respondent. CORAM: R. K. DESHPANDE, AND VINAY JOSHI, JJ.

DATE : 27 th September, 2019.

ORAL JUDGMENT (PER R.K.DESHPANDE, J.) 1] Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties. 2] The only direction sought in the petition is to decide the caste claim of the petitioner within a stipulated period.

2 977-WP6301.19.odt 3] The learned Assistant Government Pleader seeks three months time in this matter to decide the caste claim of the petitioner. The matter is pending since 2007. The vigilance inquiry is completed, the hearing is conducted and now order is required to be passed. The petitioner has already lost his job for want of validity certificate, and presently, he is selected for the post in the Government service, but the order of appointment has not been issued. If the matter is not decided, the petitioner is likely to lose such job also.

4] In view of the aforesaid position, the petition is allowed and the following order is passed.

1) We direct the Scrutiny Committee to take decision in the matter within a period of one month from the date of appearance of the petitioner before it.

2) The petitioner be appeared before the Committee on 07.10.2019.

3) If the matter is not decided within the stipulated period as aforesaid, the Committee shall start paying costs of Rs.10,000/- (Rs. Ten Thousand only) per day delay caused in deciding the matter.

3 977-WP6301.19.odt 5] Rule is made absolute in above terms. No order as to costs.

JUDGE JUDGE RGurnule