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Bombay High CourtCA/4499/2026disposed off

Malkhansing Mangalsingh Sable v. The State Of Maharashtra Through Secretary And Others

2026-04-20Hon'Ble Shri Justice Sandipkumar C. More , Hon'Ble Shri Justice Abasaheb D. Shinde2 pages

2026:BHC-AUG:17947-DB 1 12 CA 4499-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO. 4499 OF 2026 IN WP/5623/2020 WITH CIVIL APPLICATION NO. 4500 OF 2026 IN WP/5623/2020 WITH WRIT PETITION NO. 5623 OF 2020 MALKHANSING MANGALSINGH SABLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Choudhari Deepak D., Advocate for Applicant Mr. S. P. Sonpawale, AGP for Respondent-State ....

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

DATED : 20/04/2026 P. C. : ( PER : ABASAHEB D. SHINDE, J.) :

A) ORDER IN CIVIL APPLICATION NO.4499 OF 2026 :

1.

Heard.

2.

The applicant/petitioner has approached this Court challenging the invalidation of his tribe claim. This Court, by an order dated 23/06/2020, while protecting the services of the applicant/petitioner, directed the employer not to terminate his services pursuant to the impugned order.

3.

It appears that the said interim order was continued from time to time. However, inadvertently, the interim protection was not

2 12 CA 4499-26 continued thereafter, as a result of which the employer of the applicant/petitioner issued a show cause notice calling upon him to submit a validity certificate, failing which coercive action would be taken against him.

4.

We find that this Court had already passed an interim order protecting the services of the applicant/petitioner. It is merely a matter of continuation of the said interim relief. Consequently, the show cause notice issued by the employer cannot be attributed to any fault on the part of the applicant/petitioner. 5.

In view of the above, we are of the opinion that, for the reasons stated in the application, Civil Application No.4499 of 2026 deserves to be allowed in terms of prayer clauses 'A' and 'B', and is accordingly disposed of.

B) ORDER IN CIVIL APPLICATION NO.4500 OF 2026 :

1.

Heard.

2.

By this civil application, the applicant/petitioner seeks to place certain documents on record.

3.

Since there is no serious objection from the other side, the civil application is allowed in terms of prayer clause 'A' and is accordingly disposed of.

( ABASAHEB D. SHINDE, J. ) ( SANDIPKUMAR C. MORE, J. ) VS Maind/-