KAILAS NILKANTH TAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. S. R. Barlinge, learned Counsel for the petitioner, Mr. K. M. Suryawanshi, learned A. G. P. for respondent No. 1, Mr. M. S. Deshmukh, advocate for respondent No. 2 and Mr. A. B. Dhongade, learned Counsel for respondent No. 3.

(2.) Rule. Rule made returnable forthwith and heard finally by consent of the parties.

(3.) The petitioner claims to be belonging to 'tokre Koli', a Scheduled tribe. The petitioner has obtained a caste certificate in the prescribed proforma to the effect that he belongs to Tokre Koli', a Scheduled Tribe on 12-4-1989. The certificate is issued by the Executive Magistrate, Jalgaon. The petitioner, on the strength of the said certificate, secured employment as Conductor with maharashtra State Road Transport Corporation. The caste certificate of the petitioner was referred to the Scrutiny Committee for the purposes of verification of status claim. It further appears that the Scrutiny Committee called for report of the vigilance officer. It was revealed during the course of vigilance cell inquiry that the caste certificate, which has been produced by the petitioner, was in fact not issued from the office of Executive Magistrate, Jalgaon. The Vigilance Cell officer made an inquiry with the office of Executive Magistrate/tahsildar, jalgaon and during the course of inquiry it was reported to the Vigilance Officer by Tahsildar, Jalgaon that such a certificate has not at all been issued from their office. The petitioner was furnished with a copy of the report of vigilance cell inquiry and his comments were invited by the Scrutiny Committee. The petitioner has denied the allegations in respect of fabrication of the caste certificate and further reiterated his stand that the certificate is a genuine one. The petitioner contended in his explanation that the said certificate has been signed by the Executive Magistrate/tahsildar, who was posted during the relevant period at jalgaon. He further contended that the specimen signature of the then Tahsildar be called for the purposes of verification of the same through the handwriting expert. He requested the Scrutiny Committee not to jump to an adverse conclusion without holding a detailed inquiry in respect of allegations relating to the genuineness of the caste certificate. It appears that thereafter the Scrutiny committee proceeded with the inquiry in respect of verification of the claim and came to the conclusion on the strength of vigilance cell report that the certificate, which has been obtained by the petitioner, is so obtained by illegal and fraudulent means. The Committee branded the certificate as fake one and directed confiscation and cancellation of the same. The Committee further directed to lodge criminal prosecution against the petitioner. The order dated 29-10-2001, passed by the Scrutiny Committee, directing confiscation and cancellation of the caste certificate and further directing criminal prosecution against the petitioner, is impugned in the instant petition.