1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 4318/2008 (Dinkar P Ingle vs. Chief Executive Officer ZP Buldana and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 15th January, 2009. *** Heard Mr. A.S. Mardikar, learned counsel for the petitioner; Mr N B Kalwaghe, learned Advocate for Respondents 1 to 3 and Mr. S M Puranik, for Respondent no.4. 2. Learned counsel for the petitioner seeks permission to implead Caste Scrutiny Committee as party-Respondent. Request being of formal nature, the same is granted. Appropriate amendment in the cause-title be carried out forthwith. Mr. S.M. Puranik, learned Counsel waives notice on behalf of added-respondent. 3. Mr. Mardikar, learned counsel for the petitioner has submitted that the present petition is directed against the show-cause notice dated 26.8.2008 issued by the Chief Executive Officer, Zilla Parishad, Buldana whereby, the petitioner is called upon to submit explanation as to why he should not be removed from the post of Health Worker for non-submission of validity certificate. 2 The counsel for the petitioner has submitted that the petitioner was appointed on the post of Health Worker in the year 2000 from Scheduled Tribe category. The petitioner has submitted caste certificate along with relevant documents to the Respondent-Zilla Parishad for the purpose of forwarding them to the Caste Scrutiny Committee for verification. 4. Learned counsel for the Zilla Parishad has submitted that the Zilla Parishad has not received the documents. In such situation, the counsel for the petitioner prayed that permission to once again submit caste certificate issued by the Competent Authority as well as other relevant documents in support thereof, to the Respondent- Zilla Parishad within a period of two weeks from today may be granted. The Zilla Parishad may be directed to forward it to the Caste Scrutiny Committee for verification. Counsel for the petitioner has further prayed that interim order of status quo passed by this Court may kindly be continued till the decision is taken by the Caste Scrutiny Committee. 5. In the circumstances, we dispose of the present Writ Petition with liberty to the petitioner to submit caste certificate as well as other relevant documents in support of his caste claim, to the Respondent-Zilla Parishad within a period of two weeks. If such documents are submitted, we direct the Zilla Parishad to forward the said documents to the Caste Scrutiny Committee forthwith. The Caste 3 Scrutiny Committee is directed to decide the caste claim of the petitioner in accordance with law, on its own merit as early as possible and, in any case, not beyond a period of six months from the date of receipt of caste claim of the petitioner. The interim order of status quo to continue till the decision is taken by the Caste Scrutiny Committee. The impugned notice dated 26.8.2008 shall be kept in abeyance till the decision is taken by the Caste Scrutiny Committee. 6. With these observations and directions, Writ Petition is disposed of. JUDGE JUDGE sahare