Ganesh Basweshwar Pattewad vs the State of Maharashtra through Secretary and Others — Bombay HC (2026) — LawSathi Research

Ganesh Basweshwar Pattewad vs the State of Maharashtra through Secretary and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: employer restrained from taking coercive action against the petitioner pending decision of his tribe claim (vacatable if he fails to cooperate); petitioner directed to appear before the Scrutiny Committee on 05.02.2026 and file his reply by 16.02.2026, with the Committee to hear the matter within two weeks thereafter and pass the order within four weeks of the hearing.

Issue for consideration

Expedited decision of the petitioner's tribe claim (Mannervarlu Scheduled Tribe) pending before the Scrutiny Committee since 09.12.2016, despite petitioner's earlier non-appearance/non-cooperation. +1 more

Court's answer

In the interest of justice, until the tribe claim is decided the employer shall not take any coercive action against the petitioner solely because he failed to submit the validity certificate.

Ratio / Principle

Petitioner directed to appear before the Scrutiny Committee on 05.02.2026 and to file his reply; if the reply is filed by 16.02.2026, the Committee is to hear the matter within two weeks thereafter.

Key takeaways

Scrutiny Committee directed to pass the order on the tribe claim within four weeks from the date on which the matter is heard.ratio¶17
The protection granted operates only until the petitioner's caste claim is decided.ratio¶20
If the petitioner fails to extend full cooperation for expeditious decision of the tribe claim, the protection granted shall stand vacated.ratio

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Writ Petition No. 894 of 2026, disposed of per court on 23 January 2026. The petitioner's tribe claim of belonging to the “Mannervarlu” Scheduled Tribe had been pending before the Scrutiny Committee since 09.12.2016. The A.G.P. submitted that the petitioner was not diligent and, per roznama, had repeatedly failed to file his reply to the Vigilance Cell report, which had already been submitted to the Committee. The Court directed the petitioner to appear before the Committee on 05.02.2026 and file his reply by 16.02.2026; if so filed, the Committee was to hear the matter within two weeks thereafter and pass the order within four weeks from the date of hearing. Since the petitioner's employer had served a show-cause notice dated 01.01.2026 requiring a caste validity certificate under threat of termination, the Court ordered that until the tribe claim is decided the employer shall not take coercive action solely for want of the validity certificate; this protection operates only until the caste claim is decided and shall stand vacated if the petitioner fails to extend full cooperation for its expeditious decision.

(1)

930 WP-894.2026.odt

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 :

Heard.

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.

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)

930 WP-894.2026.odt

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.

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.

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.

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)

930 WP-894.2026.odt

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) JUDGE

(SANDIPKUMAR C. MORE) JUDGE

VD_Dhirde