WP 7454/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7454/2011 Datta Ramji Darewad 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 V.P. Kadam, Advocate for petitioner. Shri S.N. Kendre, AGP for respondent nos.1 & 2. Shri K.J. Suryawanshi, Advocate for respondent no.3. Shri D.B. Bhange, Standing Counsel for respondent no.4 - committee. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 14.12.2011 Heard learned counsel for the parties. The petitioner has approached this Court challenging the show cause notice / letter dated 11.7.2011 and suspension order dated 16.9.2011 issued by the respondent no.3 thereby threatening adverse action against the petitioner on the ground of non submission of the validity WP 7454/11 2 certificate. The petitioner cannot be blamed or penalized for inaction or delay on the part of the committee in deciding his tribe claim. The petition is, therefore, allowed. The impugned show cause notice / letter dated 11.7.2011 and order dated 16.9.2011 are quashed and set aside. The respondent - committee is directed to decide the tribe claim of the petitioner within a period of six months from today. The respondent nos.1 to 3 are directed not to take any coercive action against the petitioner till decision of his tribe claim by the respondent no.4 - committee. If the decision of the committee is adverse to the interest of the petitioner, the same shall not be given effect to for a further period of four weeks from the date of communication of decision to the petitioner. However, it is made clear that unless the petitioner is granted validity certificate validating his claim to be belonging to scheduled tribe, he will not be entitled to any WP 7454/11 3 of the benefits of belonging to scheduled tribe. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 14.12.2011 ndk/c14121110