WP 1169/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1169/2011 Uday Alias Prashant Laxman Samel V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri A.S. Golegaonkar, Advocate for petitioner. Shri V.D. Rakh, AGP for respondent nos.1 to 3. Respondent no.4 served. Shri U.S. Malte, Advocate for respondent no.5. Shri S.B. Talekar, Advocate for respondent no.6. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 30.09.2011 Heard learned counsel for the respective parties. In response to the notice issued by us, Shri M.Y. Patel, President, President of the respondent no.2 – committee and Shri S.O. Valvi, Member Secretary of the committee are present in the Court. Though we prima facie find that the action of the committee in not referring the claim of the respondent no.6 to the Vigilance Cell was not justified, we do WP 1169/11 2 not propose to proceed further against these officers in pursuance to our notice. We are inclined to give benefit of doubt to the members of the committee and accept their unconditional apology. The notices issued to these officers, therefore, stand discharged. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties. The impugned order dated 7.9.2010 is liable to be quashed and set aside on a short ground that the validity certificate issued in favour of the respondent no.6 has been issued without calling the report of the Vigilance Cell. In that view of the matter, we make the Rule absolute in the following terms. The impugned order dated 7.9.2010 is quashed and set aside. The matter is remitted back to the respondent no.2 – committee for deciding the claim of the respondent no.6 afresh after calling for the report of the Vigilance Cell. The report of the WP 1169/11 3 Vigilance Cell shall be called within a period of one month from today. After receipt of the said report, copy of the same shall be given to the respondent no.6 to submit his explanation regarding the same. This shall be done within a period of 15 days from the date of receipt of report by the respondent no.6. The respondent no.2- committee shall decide the claim of the respondent no.6 afresh within a period of three months from today. The petitioner would be at liberty to apply to the respondent no.2 – committee for intervention by making an application. The said application shall be considered by the respondent no.2 – committee on its own merits. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 30.09.2011 ndk/c309116