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Bombay High CourtWP/8653/2015disposed off

Satyawan Arvind Chavan v. State Of Maharashtra Through Its Secretary, Tribal Development Dept. And ORS.

2015-08-28Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Anoop V. Mohta2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8653 OF 2015 Satyawan Arvind Chavan ....Petitioner.

Vs.

State of Maharashtra & Ors.

....Respondents.

Mr. R.K. Mendadkar a/w Ms. Helen Koli­Mandlik for the Petitioner. Mr. V.N. Sagare, AGP for the State.

CORAM : ANOOP V. MOHTA AND A.A. SAYED, JJ.

DATE : 28 AUGUST 2015.

P.C.:­ Rule. Rule is made returnable forthwith.

Heard finally, by consent of the parties.

Inspite of order passed by this Court on 22 December 2014, the Scrutiny Committee unable to complete the inquiry and therefore, the Petitioner's caste validity certificate issue is still pending. The Respondents action of threatening to terminate the services of the Petitioner by issuing show cause notice, in our view, is unjust. The Petitioner himself cannot be held responsible for delay in deciding his caste claim as the Scrutiny Committee is unable to conclude the issue. Therefore, in the interest of justice and to avoid 1/2

ssm 2 917­wp8653.15.sxw further complications, we are inclined to observe that no coercive action be taken against the Petitioner based upon the show cause notice till the final decision of his caste claim by the Scrutiny Committee, as already directed.

All points are kept open. It is made clear that there is no question of claiming any equity, if order goes against the Petitioner. Writ Petition is accordingly disposed of. There shall be no order as to costs.

Rule disposed of accordingly.

(A.A. SAYED, J.) (ANOOP V. MOHTA, J.) 2/2