IMRAM A AJIJ SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The Petitioner has challenged impugned order dated 29 May 2013 passed by Respondent no.2, Divisional Caste Certificate Scrutiny Committee No.1, Solapur, and also prayed to set aside order of termination dated 17 July 2013 passed by Respondent no.3.

(3.) The Petitioner belongs to "Muslim Julaha" caste which is recognised as O.B.C. in the State of Maharashtra. On his application, the Deputy Collector, Solapur, granted a Caste Certificate to the Petitioner after confirming the genuineness of the documents produced on 30 July 2009. The Petitioner based on the same applied for the post of Constable in the Department of Police from the reserved category of O.B.C. After passing all the tests, the Petitioner was recruited as Constable. Respondent no.3, the Commissioner of Police, Solapur, referred the Caste Certificate of the Petitioner to the Divisional Caste Scrutiny Committee No.1, Solapur i.e. Respondent no.2. As per the requisite procedure, the Police Inspector of Vigilance Cell conducted an inquiry and recorded the statements of reputed persons from the local place of residence/community of the Petitioner. They supported the Petitioner's case by deposing that the Petitioner and his family carry all the traits and traditions of "Muslim Julaha". The Vigilance inquiry report dated 30 March 2012 was submitted in favour of the Petitioner in all respects. Respondent no.2 accordingly submitted copy of the report to the Petitioner and called upon him for hearing. The Petitioner filed supporting reply. According to the Petitioner, Respondent no.2 by overlooking the reasoned report and without applying its mind to the facts and the provisions of law, by impugned order dated 29 May 2013, invalidated the Caste Certificate of the Petitioner.