SHANTARAM RAGHOBA CHIVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORDER impugned is an order of termination of service issued way back on 18th of August, 1995. Petition, in the circumstances, we find, is belatedly filed. The same, therefore, suffers from the vice of laches. Petitioner has been terminated from service on the ground that he had procured employment on the strength of his belonging to Mahadeo Koli, Scheduled Tribe. The said claim had been invalidated by the Caste Scrutiny Committee. The aforesaid order was impugned by the petitioner by filing writ petition No.4029 of 1993. While rejecting the said petition, this Court, by its order passed on 29th of November, 1994, has inter alia observed - "the petitioner admitted that record was manipulated to claim advantage of S.T.". Petitioner, it would, therefore, appear, has not only misrepresented himself as belonging to Mahadeo Koli, Scheduled Tribe but has also manipulated the record in order to make good the above claim which, to his knowledge, was false. Though a candidate who has failed to prove that he belongs to Mahadeo Koli, Scheduled Tribe but has been found to belong to Koli would ordinarily have the advantage of claiming protection of service in pursuance of the Government Resolution dated 15th of June, 1995, petitioner is disentitled to claim the same on the aforesaid grounds viz. delay in filing the present petition and he is being guilty of manipulating the record. In the circumstances, we are not inclined to exercise our discretionary writ jurisdiction in his favour. Rejected.