{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7403 OF 2011 Maganlal Baburao Shirsath, age: 54 years, Occ: service, R/o 8/1, Yashwant Nagar, Jalgaon, Tq. & Dist.Jalgaon. Petitioner Versus 1 Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar, through its Member Secretary. 2 Divisional Controller, Jalgaon Division, Jalgaon, Maharashtra State Road Transport Corporation, Jalgaon, District Jalgaon. Respondents Mr.M.S.Deshmukh, advocate for the petitioner. Mr.S.S.Tope, advocate for respondent no.1. Mr.M.K.Goyanka, advocate for respondent no.2. CORAM : B.R.GAVAI AND M.T.JOSHI, JJ. DATE : 09 th November, 2011 {2} ORAL JUDGMENT (Per B.R.Gavai, J.): 1 Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 The petitioner has approached this Court since Respondent No.2 has issued the communication dated 07.09.2011 thereby directing him to submit the validity certificate and on failure to do so, reverting him to the post of Clerk. 3 It is not in the hands of the petitioner as to within how much period the Scrutiny Committee should decide claim of the petitioner. The petitioner cannot be penalised on account of inaction on the part of Respondent No.1­Committee. 4 The petition is, therefore, allowed in following terms: (i) The impugned order dated 07.09.2011, passed by Respondent No.2, is quashed and set aside. (ii) The Respondent No.1­Scrutiny Committee is directed to decide the claim of the petitioner within a period of six months from today. (iii) It is further directed that in the event any order adverse to the interest of the petitioner is passed {3} by the Respondent­Committee, the same shall not be given effect for a period of four weeks from the date of receipt of communication by the petitioner. 5 Rule is made absolute in above terms with no order as to costs. M.T.JOSHI B.R.GAVAI JUDGE JUDGE adb/wp740311