Prashant Bandu Pawar v. State of Maharashtra and Ors.
Case brief
What is this about?
In a petition regarding potential termination of services due to lack of a tribe validity certificate required for employment, the court directed the Zilla Parishad not to terminate services pending committee scrutiny and for four weeks thereafter. The petition was disposed of as the requested relief for suspension of proceedings was granted without judicial opinion on the substantive contentions.
What did the court decide?
Order that Nashik Zilla Parishad shall not terminate petitioner's services till committee renders decision and for four weeks thereafter if decision is adverse.
What the court decided
901-WP.2659.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2659 OF 2017
Prashant Bandu Pawar } Petitioner versus State of Maharashtra } and Ors. } Respondents
Mr. R. K. Mendadkar for the petitioner.
Ms. Sushma Bhende - AGP for respondent nos. 1 and 2.
CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ. DATED :- MARCH 3, 2017
P.C. :-
- Ms. Bhende, on instructions, states that within a period of 12 weeks from the date of receipt of a copy of this order, the proceedings before the committee would be concluded. Statement accepted.
- Since the petitioner has received a show cause notice from Zilla Parishad, Nashik and intimating to him that in the event the petitioner fails to produce the tribe validity certificate, his services would be terminated, we direct that the Nashik Zilla Parishad shall not terminate the services of the petitioner till the scrutiny committee renders its decision and for a period of four weeks thereafter in the event the decision as communicated to the petitioner is adverse to his interest.
Issues for consideration
3 issues framed by the court
Whether termination of petitioner's services pending scrutiny of tribe validity certificate was lawful.
Whether the writ petition should be disposed of without expressing opinion on rival contentions.
Whether petitioner's services must be retained until committee decision and for four weeks thereafter if decision is adverse.
Parties & counsel
- petitioner
Prashant Bandu Pawar
- respondent
State of Maharashtra
Coram
S. C. DHARMADHIKARI
Case details
As recorded by the court registry
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