Allowed

Venkat Sambahji Surywad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Thorugh Its Member Secretary and Another

Bombay HC6 Jan 2020WP/122/2020

Case brief

AI extract

What is this about?

Petitioner filed a writ petition challenging a threat of service termination due to delayed validation of Scheduled Tribe certificate. The High Court directed the Scrutiny Committee to decide the matter within six months and quashed the threat.

What did the court decide?

Respondent to decide within six months; impugned communication quashed; no adverse action on account of pending proceedings forbidden.

Venkat Sambahji Surywad Vs Scheduled… — Constitutional and Fundamental Rights | Bombay HC (2020)

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1 wp 122.20

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 122 OF 2020

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VENKAT SAMBHAJI SURYWAD

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VERSUS

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SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE
AURANGABAD THORUGH ITS MEMBER SECRETARY AND
ANOTHER

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...

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Advocate for Petitioner : Mr. Phatale Sagar S
Addl.G.P. for Respondents : Mrs. A. V. Gondhalekar
...

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CORAM:S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

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DATE:06th JANUARY, 2020

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PER COURT:

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1.The learned counsel for the petitioner

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submits that the validation proceeding in respect
of the tribe claim of the petitioner is pending
with respondent no. 1 / scrutiny committee since
April 2018. The employer has issued notice to the
petitioner to produce the validity within one
month or else the services would be terminated.

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2.We have heard the learned Additional

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Government Pleader

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2 wp 122.20

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3.To get the validity certificate within the
stipulated period is not in the hands of the
litigant. In light of that, we pass the following
order.

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4.Respondent no. 1 shall decide the validation
proceeding in respect of the tribe claim of the
petitioner expeditiously and preferably within a
period of six (06) months from the date of
appearance of the petitioner. The petitioner shall
appear before the committee on 29.01.2020. The
impugned communication is quashed and set aside.
The respondent / employer shall not take adverse
action against the petitioner only on the ground
that validation proceeding is pending. The
respondent / employer may take further course of
action depending upon the judgment that will be
delivered by the committee in the validation
proceeding.

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5.Writ Petition is accordingly disposed of. No
costs.

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[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.]
marathe

Venkat Sambahji Surywad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Thorugh Its Member Secretary and Another

Case brief

What is this about?

What did the court decide?

Venkat Sambahji Surywad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Thorugh Its Member Secretary and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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