← Library
Bombay High CourtWP/2227/2018rule made absolute

Shri. Vishwanath Jaganath Patkulkar v. The State Of Maharash Through Its Secretary And ORS.

2018-03-01Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

Shridhar Sutar 1 8-wp-2227.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2227 OF 2018 Vishwanath Jagannath Patkulkar ... Petitioner

Versus

The State of Maharashtra and others ... Respondents .....

Mr. Sumit Kothari a/w Ketki Gadkari for Petitioner. Mr. Sandeep Babar AGP for the State.

.....

CORAM : SHANTANU S. KEMKAR AND M. S. KARNIK, JJ.

DATE : 1st MARCH, 2018 ORAL ORDER:

Rule. Rule is made returnable forthwith. By consent, heard finally.

2.

By this petition, the Petitioner has challenged the show cause notice dated 7th February, 2018 issued by the Chief Executive Officer, Zilla Parishad, Ratnagiri, asking the Petitioner as to why his services be not terminated for non production of caste validity certificate.

3.

According to the Petitioner, the caste validity of Petitioner is pending before Respondent No.2 since 2013 and till date the same has not been decided. He submits that for want of decision on the

Shridhar Sutar 2 8-wp-2227.18.doc part of Caste Scrutiny Committee in regard to his prayer for validation of his caste certificate. He cannot be put to adverse situation depriving him from his service.

4.

Having considered the submissions made by learned Counsel for Petitioner, we dispose of the Petition by directing the Petitioner to appear before the second respondent i.e. Caste Certificate Scrutiny Committee No.1, Solapur on 27th March, 2018 at 11.00 a.m. The Caste Certificate Scrutiny Committee i.e. second respondent is directed to decide the Petitioner's caste validity claim as expeditiously as possible but in any case within a period of three months from the date of appearance of the Petitioner before it. 5.

Till the Petitioner's caste validity claim is decided, the respondents shall not take any coercive steps against the Petitioner in pursuance to the impugned show cause notice dated 07/02/2018.

6.

With the aforesaid directions, Writ Petition is disposed of. Rule is made absolute with no order as to costs. ( M.S.KARNIK, J.) ( SHANTANU S. KEMKAR, J. )