1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6874 OF 2009 Shri Uadaram Bapurao Likhar : Petitioner versus Block Development Officer & ors. : Respondents. Mr V V Kanade a/w Mrs.Jai Kanade for the Petitioner Mr.Nitin Deshpande for the Respondent Nos.1 and 4. Mr. C R Sonawane, AGP, for Respondent Nos.5 and 6. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 10th August 2009 P.C. 1. Rule. Rule with consent of the parties made returnable forthwith. Heard the learned counsel for the parties. 2. The Petitioner was appointed in the year 1996 as a Gramsevak. He was appointed on a reserved seat meant for the Scheduled Tribes. The Petitioner claims to be Halba Scheduled Tribe. His caste certificate has been sent by the Zilla Parishad Pune on 29th July 2009 to the scrutiny committee and accordingly the Block Development Officer has sent forwarding letter. Now the said application is pending before the scrutiny committee. The Respondent No.3 issued a letter on 2 15th July 2009 informing the Petitioner that he shall produce validation certificate by 31st July 2009 otherwise his services would be discontinued. It is pointed out to us that as on today, the services of the Petitioner have not been terminated. The Petitioner apprehends that at any time his services will be terminated, and therefore, he has approached this Court by filing the above Petition. 3. Since we find that the reference made by the employer- Respondents under Section 6(3) of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 is pending before the Scrutiny Committee, it is will not be proper on the part of the employer-Respondents to terminate the services of the Petitioner. However, we find that the said inquiry is overdue since the Petitioner was appointed in 1999. Therefore, we direct the Scrutiny Committee to complete the inquiry within a period of twelve weeks from date after holding Vigilance Committee Inquiry and in case there is adverse report, a copy of the said report shall be served on the Petitioner and opportunity should be given to him to represent against the said report. The Petitioner shall not go on seeking adjournment before the Scrutiny 3 Committee but cooperate with the Scrutiny Committee for early disposal of the matter. Since the inquiry is directed to be completed within twelve weeks, for the period of said twelve weeks protection to the services of the Petitioner is granted. The above Petition is disposed. Rule is accordingly made absolute in the aforesaid terms. [R.M.SAVANT, J] [S.B.MHASE, J]