Disposed

Mahendra Narayan Thakur v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Bombay HC21 Nov 2019WP/5916/2014

Case brief

AI extract

What is this about?

The Court granted the Scrutiny Committee three months to verify the petitioner's caste certificate claim, imposing strict timelines with contempt charges for default, while keeping the prior order in force.

What did the court decide?

The Scrutiny Committee is granted three months to verify the petitioner's claim; the Committee faces contempt charges if it fails to complete the scrutiny within the stipulated time.

Mahendra Narayan Thakur Vs State of… — Pension and Retirement Benefits | Bombay HC (2019)

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913.WP-5916-14.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5916 OF 2014

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Mahendra Narayan Thakur … Petitioner versus State of Maharashtra and Ors. … Respondents

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Mr.Chintamani K. Bhangoji i/b Mr.R.K.Mendadkar for the Petitioner.

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Mr.B.V.Samant, AGP for Respondent Nos.1 to 3 (State).

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CORAM :- S. C. DHARMADHIKARI & R.I.CHAGLA, JJ.

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DATE :- NOVEMBER 21, 2019

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P.C. :-

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The scrutiny of the caste certificate and verification of the claim of the petitioner is still pending before the second respondent-Committee.

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We called upon the learned AGP appearing on behalf of respondent Nos.1 to 3 to take instructions as to when the Scrutiny Committee will scrutinise and verify the claim.

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He says that after having spoken to the concerned Committee members, they request for a period of three months to scrutinise and verify this claim.

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Page 1 of 2

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M.M.Salgaonkar

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913.WP-5916-14.doc

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We accept the request made by the Committee through Mr.Samant, learned AGP and grant the Committee three months’ time to complete the scrutiny and verification of the petitioner’s claim. No extension of time will be granted. The Committee members would have to face charges, including contempt of this Court in the event the scrutiny is not completed.

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On the strength of the caste certificate, the petitioner has been appointed as a Cook on 1^st June, 1999. Till the date of this petition, namely, 2014 and even five years and more thereafter, the scrutiny and verification is incomplete. These are not healthy state of affairs and that is why, we have framed this strict time schedule.

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The writ petition is disposed of by clarifying that we have not expressed any opinion on the rival contentions. The order passed on 18^th December, 2014 shall continue till the verification and scrutiny is complete and for a period of two weeks from the date of communication of the order of the Scrutiny Committee, if that is adverse to the petitioner.

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(R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.)

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Page 2 of 2

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M.M.Salgaonkar

Mahendra Narayan Thakur v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

Mahendra Narayan Thakur v. State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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