HARISHCHANDRA ARJUN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER is seen to have obtained employment in a post reserved for Scheduled Tribe by making a false representation that he belongs to Tokare Koli. At the time of obtaining employment he has produced a Caste Certificate certifying that he belonged to Tokare Koli Scheduled Tribe. The said certificate was referred to the Caste Scrutiny Committee. By an order passed on 30th July, 1994, the Scrutiny Committee has invalidated his claim of belonging to Scheduled Tribe. The Committee has found that the petitioner belongs to Koli Caste.

(2.) THE petitioner impugned the said order passed by the Committee by filing a Writ Petition bearing No. 4621 of 1994 which was rejected by an order passed on 14th November, 1994. Petitioners employers i. e. respondents No. 2 and 3 herein have accordingly held Disciplinary Proceedings against the petitioner for misconduct namely that he has knowingly produced a false certificate for obtaining employment in a post reserved for the aforesaid reserved category. A charge-sheet was issued against the petitioner and the petitioner has been found guilty of the aforesaid charge. The services of the petitioner have been terminated in view of the aforesaid misconduct of the petitioner. The order of termination is impugned in the present petition.

(3.) RELIANCE is placed on a Government Resolution issued on 15th June, 1995 which seeks to protect the services of those employees who have failed to prove their claims, as belonging to Scheduled Tribe, but have been held as belonging to Special Backward Class. Petitioner, it is pointed out, has been held not belonging to Tokre Koli Scheduled Tribe but belonging to Koli, which is a special back-ward class. His services, in the circumstances, are liable to be protected, under the aforesaid G. R.