1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6623 OF 2008 Gopalsing Jamansing Karghe, Age : 34 Years, Occu. : Agril., R/o Relgaon, Tq. Sillod, District Aurangabad. .. Petitioner Versus 1. The State of Maharashtra, Through Department of Tribal Welfare, Mantralaya, Mumbai. 2. The Scheduled Tribes Scrutiny Committee, Aurangabad Division, Aurangabad, through its Member Secretary. 3. The Collector, Aurangabad, District Aurangabad. .. Respondents Shri D. P. Palodkar, Advocate for the Petitioner. Shri V. H. Dighe, A.G.P. for the Respondents No. 1 and 3. Shri P. S. Patil, Advocate for the Respondent No. 2. CORAM : NARESH H. PATIL, AND N. D. DESHPANDE, JJ. 2 DATE : 29TH APRIL, 2010. ORAL ORDER [Per NARESH H. PATIL, J. ] : . Rule. Rule made returnable forthwith. Heard by consent of parties. 2. The petitioner is elected member of gram panchayat. His caste claim was forwarded for verification to the Scrutiny Committee. The committee by order dated 20.05.2008 rejected the claim and cancelled the caste certificate issued to the petitioner. 3. Original record is called. Learned counsel for the petitioner submits that the Vigilance Cell report is not served to the petitioner. Learned counsel for the committee submits that the vigilance cell report was forwarded to the petitioner, but there is no evidence in the file to say that the report was served. Counsel for the committee submits that the petitioner appeared for final hearing but did not raise any objection. Considering the submissions, we find that copy of vigilance cell report is not been served on the petitioner. Therefore, we are inclined to remand the matter to the scrutiny committee for supplying the copy of 3 vigilance cell report. 4. The order dated 20.05.2008 passed by the respondent No. 2/Scrutiny committee is quashed and set aside. The petitioner shall appear before the Scrutiny Committee on 17th May, 2010. The Committee shall hand over the copy of vigilance cell report to the petitioner. The petitioner is entitled to file reply to the report within 15 days from receipt of the report. The petitioner shall cooperate with the Committee. The committee shall pass final order within eight weeks from the receipt of reply if any. In case the petitioner does not cooperate with the committee, the committee is entitled to pass final order on available evidence by passing a reasoned order. Rule is made absolute in above terms. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/April 10