DATE TANAJI HONAJI Vs. SECRETARY; COMMISSIONER

JUDGEMENT

(1.) By Writ Petition No.7740 of 2008 filed under Article 226 and 227 of the Constitution of India, the petitionerDate Tanaji Honaji (hereinafter referred to as the Petitioner) interaila has prayed for direction to Respondent Nos.1 to 10 to hold fresh inquiry regarding the caste certificates and certificate of validity issued in favour of Respondent No.11 Pritviraj Vasant Kamble (hereinafter referred to as Respondent No.11) and after inquiry if it is found that those certificates were obtained by producing false affidavits, documents and/or misrepresentation, suppression of true and correct facts by the Respondent No.11, the said certificates may be cancelled forthwith and the Respondent No.11 may be prosecuted for the same; for direction to the Respondent Nos.1 to 10 to take appropriate action against the persons/officers who have granted these caste certificates, certificate of validity in favour of the Respondent No.11 without following proper procedure and ascertaining the true facts and/or collusively granting the certificates; direction to Respondent No.4The Municipal Commissioner of the Municipal Corporation of the City of Pimpri Chinchwad (for short P.C.M.C.) to grant promotion to the petitioner as Chief Sanitary Inspector w.e.f. 1998 and also grant all further and consequential benefits and promotions from the said deemed date.

(2.) By Writ Petition No.8696 of 2009, filed under Article 226 of the Constitution of India by Prithviraj Vasant Kamble (Respondent No.11) has interalia prayed for quashing and setting aside the order dated May 22, 1987 passed by Respondent No.2, Scheduled Tribe Certificates Scrutiny Committee, Zonal Division Pune, (hereinafter referred to as the Scrutiny Committee, Pune); for quashing and setting aside Report/order made/passed by added Respondent No.7Scheduled Tribes Caste Scrutiny Committee, Thane (hereinafter referred to as the Scrutiny Committee, Thane) on February 1, 2010; for declaration that the certificate of validity dated January 1, 2004 issued by the Committee for Scrutiny and Verification of Tribe Claims, Nashik Division, Nashik (hereinafter referred to as Scrutiny Committee, Nashik), is valid and subsisting. Since both these petitions raise common questions of facts and law, the same are being disposed of by this common judgment.

(3.) It is the case of the petitioner that he was appointed as fitter operator with the P.C.M.C. on January 23, 1991. He belongs to Scheduled Tribes category. On July 20, 1995 he was promoted as Sanitary Inspector. The Respondent No.11 was appointed as Sanitary Inspector on September 1, 1992 on the basis of his claim that he belongs to Mahadeo Koli, being the Scheduled Tribe. On May 17, 2005 the Respondent No.11 was promoted as Chief Sanitary Inspector. The petitioner claims that byepassing his claim to the post of Chief Sanitary Inspector, the Respondent No.11 was promoted on the basis of false certificate produced by him claiming to be belonging to Scheduled Tribe category. The Respondent No.11 obtained caste certificate Caste/SR/625/85 dated June 24, 1985 issued by Tahasildar and Executive Magistrate, Vadagaon Maval, District Pune (for short "Tahasildar, Pune"). The Respondent No.11 approached the Scrutiny Committee, Pune for verification of his tribe claim as he intended to prosecute further studies. The Scrutiny Committee, Pune considered the material on record produced by the Respondent No.11 and came to the conclusion that he does not belong to Mahadeo Koli Scheduled Tribe and as such, his claim towards the same was invalidated. It was held that the Respondent No.11 belongs to Koli caste and as such, the original caste certificate dated June 24, 1985 issued by Tahasildar, Pune was cancelled and confiscated. The copy of the order dated May 22, 1987 was forwarded to the Respondent No. 11 for information and necessary action at the following address: