Ramchandra Yashwant Devkar v. Dayanand Babasaheb Gore

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 WRIT PETITION NO. 894 OF 2026 GANESH BASWESHWAR PATTEWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Manish Paithane, Advocate holding for Mr. M.A. Golegaonkar, Advocate for the petitioner.

Mr. P.S. Patil, A.G.P. for respondents-State. ...

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : 23 JANUARY 2026.

Per Court :

1.

Heard.

2.

Though the petitioner is making a grievance that the tribe claim of the petitioner of belonging to "Mannervarlu" Scheduled Tribe is pending with the Scrutiny Committee since 09.12.2016 and the same is not being decided, however, the learned A.G.P. has brought to our notice that the petitioner is not diligent in pursuing the said tribe claim and on account of negligence on the part of petitioner his tribe claim could not be decided.

3.

According to learned A.G.P., Roznama depicts that on several occasions the petitioner was called upon to file reply to the Vigilance Cell report, but he did not turn up.

(2) 4.

Be that as it may, since the Vigilance Cell Report has already been submitted to the Scrutiny Committee, we direct the petitioner to appear before the Scrutiny Committee on 05.02.2026 and file his reply. If the reply is filed by the petitioner by 16.02.2026, the Scrutiny Committee shall hear the matter within two weeks thereafter and pass the order within four weeks from the date on which the matter would be heard.

5.

Learned counsel for the Petitioner submits that the employer of the petitioner has issued show-cause notice to the petitioner on 01.01.2026 thereby calling upon the petitioner to submit caste validity certificate, failing which service of the petitioner will be brought to an end. He, therefore, submits that service of the petitioner be protected.

6.

In the interest of justice, till the tribe claim of the petitioner is decided, the employer shall not take any coercive action against the petitioner solely on the ground that the petitioner failed to submit validity certificate. 7.

It is made clear that protection granted by this Court will operate only till the caste claim of the petitioner is decided. We however make it clear that if the petitioner fails to extend full

(3) cooperation for decision of tribe claim expeditiously, the protection granted by this Court shall stand vacated. 8.

With these directions, petition stands disposed of. (ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde