Bombay High CourtWP/6233/2016dispossed offdismiss for default

Chetan S/O Yashwant Sorte v. Joint Commir. And Vice Chairman, Scheduled Tribe Caste Certi. Scrutiny Commi., Gadchiroli And Anoth

2016-11-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6233 OF 2016 Chetan Yashwant Sorte -vsJt. Commissioner and Vice Chairman S.T.C.C. S.C. and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Ms Soniya Gajbhiye, counsel h/f Mr.S.R.Narnaware, counsel for the petitioner. Mr.A.M.Balpande, A.G.P. for the respondents.

CORAM : SMT. VASANTI A NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 29.11.2016.

The only prayer made by the petitioner in the instant petition is for a direction to the respondent-Scrutiny Committee to decide the caste claim of the petitioner within a time frame and for a direction against the respondent No.2 to protect the services of the petitioner till his caste claim is decided.

Shri Balpande, the learned Assistant Government Pleader appearing for the Scrutiny Committee, states on instructions that the caste claim of the petitioner was received by the Scrutiny Committee, but due to short circuit, some of the documents pertaining to the caste claim of the petitioner are destroyed. It is stated that if the petitioner is desirous of seeking a direction against the Scrutiny Committee to decide the caste claim within a time frame, the petitioner may be directed to supply the necessary documents to the Scrutiny Committee within a time frame.

Ms Gajbhiye, the learned counsel for the petitioner, states that the petitioner would submit the certified copy of the caste certificate and the other necessary documents to the Scrutiny Committee within one month.

2/2 wp6233.16 Hence, we dispose of the writ petition with a direction to the petitioner to supply the necessary documents to the Scrutiny Committee within one month and with a direction to the Scrutiny Committee to decide the caste claim of the petitioner within fifteen months from the date on which the documents are supplied to the Scrutiny Committee. The services of the petitioner are protected till his caste claim is decided. If the petitioner fails to supply the necessary documents to the Scrutiny Committee within the time frame, the respondent No.2 is at liberty to take appropriate steps against the petitioner. Order accordingly. No costs.

JUDGE JUDGE KHUNTE