VIJAY PANDITRAO VISALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri V. R. Choudhary, the learned Counsel for the petitioner, Shri, A. S. Fulzele, the learned Assistant Government pleader for the respondent No. 1, Shri S. M. Puranik, the learned Counsel for the respondent No. 2 and Shri N. K. Fuladi, the learned Counsel for the respondent No. 3.

(2.) RULE. By consent, Rule is made returnable forthwith.

(3.) THE petitioner obtained a Caste Certificate to the effect that the petitioner belongs to "thakur" (Scheduled Tribe) from the Executive Magistrate, nagpur. On the basis of the said Scheduled Tribe Certificate, the petitioner sought an employment under the respondent No. 3-Dena Bank against a seat reserved for Scheduled Tribe candidate in the cadre of clerk. On selection, the petitioner came to be appointed in the post of clerk, with effect from 20th of March, 1989 and, thereafter, he came to be confirmed in the said post, sometime in September, 1989. The. respondent No. 3 Bank, after lapse of period of about six years, forwarded the tribe certificate of the petitioner to the respondent No. 2 Committee for Scrutiny and Verification of Tribe Claims (hereinafter referred to as "caste Scrutiny Committee" ). The Caste Scrutiny committee invalidated the Tribe claim of the petitioner by an order dated 29-12-1997 and being aggrieved thereby, the petitioner filed a Writ Petition No. 2180 of 1998. After hearing the parties, this Court remitted back the matter to the respondent No. 2 Committee for de novo enquiry in accordance with law. After remand of the matter, again the Enquiry Committee made an enquiry in the tribe claim of the petitioner and passed the impugned order dated 26-11-2001, invalidating the tribe claim of the petitioner and directed confiscation of the Tribe certificate. Aggrieved by the same, initially writ petition was filed at the principal sear of this Court at Bombay, but because of territorial objection, instant writ petition has been filed at Nagpur.