{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7947 OF 2006 Mohan Bhanudas Koli R/o Kasai, Po Nanduri Tq.Tuljapur Dist. Osmanabad. PETITIONER VERSUS 01- The State of Maharashtra 02- The Scheduled Tribe Caste Certificate Verification Committee, Aurangbad. 03- The Taluka Executive Magistrate Tuljapur. 04- The Chief Executive Officer, ZP Osmanabad. 05- The Head Master Z.P. Primary School, Dindegaon Tq. Tuljapur. RESPONDENTS. *** Shri A.S.Golegaonkar, advocate for petitioner Shri N.B.Patil, AGP for the State. Shri M.S.Deshmukh, advocate for Respondent no.2. Shri K.J.Ghute Patil, advocate for respondent no.5. *** Coram : NARESH H. PATIL,J. N.D.DESHPANDE, J. Date: 11th June 2009. {2} Oral Order: [Per Naresh H. Patil, J.] 01- Rule. Rule made returnable forthwith. 02- The learned counsel for the petitioner submits that in para no.6 of the petition the petitioner contends that “Committee conducted enquiry through vigilance cell on 30/09/2002 and it called him for personal hearing. But, he did not receive intimation in time from Committee or call letters were received belatedly. Therefore he could not remain present before Committee for interview. However, committee proceeded ex-parte and by ex-parte order dt.30/09/2006, rejected the claim. Now, on the basis of ex-parte order of committee, the respondent no.5 and 6 are likely to take adverse action of termination of services, etc., against petitioner.” It is not specified by the respondent that the petitioner was served with the notice of hearing in time and the petitioner was heard accordingly. On this ground alone, we find that the impugned order is required to be quashed and set aside. 03- The impugned order dated 30/09/2006 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, is quashed and set aside. The petitioner shall appear before the Committee on 29th June 2009 at 11-00 am. The petitioner shall be heard by the Committee. In case the petitioner remains present, no further evidence is permitted to be added. After hearing {3} the petitioner, the Committee shall pass final order within four weeks after 29th June 2009. All issues are kept open. Rule is made absolute. [N.D.DESHPANDE] [NARESH H.PATIL] JUDGE JUDGE. /mda/0609/wp7947.06