1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4588 OF 2010 Vaijanath Trimbak Suryawanshi, Age : 43 Years, Occu. : Service as Live Stock Supervisor, Panchayat Samitee Ambajogai, At Lokhandi Sawargaon, Tq. Ambajogai, Dist. Beed. .. .. Petitioner Versus 1. The Zilla Parishad, Beed, Through its Chief Executive Officer. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad. .. .. Respondents Shri Ajay S. Deshpande, Advocate for the Petitioner. Shri S. S. Dambe, Advocate for the Respondent No. 1. Shri R. P. Phatake, Advocate for the Respondent No. 2. Shri K. J. Ghute Patil, A.G. P. for the Respondents/State. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 21ST JUNE, 2010. 2 ORAL JUDGMENT [Per P. V. HARDAS, J. ] : 01. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 02. By this petition under Article 226 of the Constitution of India, the petitioners pray for quashing and setting aside communication dated 14.05.2010 by which the petitioner is informed that on his failure to produce the validity certificate the services of the petitioner would be terminated. 03. Undisputedly, the caste certificate of the petitioner has been referred to the Scrutiny Committee for verification and has been pending. The petitioner obviously cannot be faulted for the delay which had arisen in the process of verification. It is extremely harsh during the pendency of verification proceeding, the petitioner is issued with the impugned communication by which the petitioner is informed that his services would be terminated because of failure to produce the validity certificate. The aforesaid communication, therefore, according to us is unjustified. 04. In that light of the matter, therefore, we allow this petition 3 and quash and set aside the impugned communication and direct the respondent No. 1 not to take any adverse action against the petitioner during the pendency of the verification proceedings before the Scrutiny Committee. We further direct the petitioner to appear before the Scrutiny Committee on 05th July, 2010 and direct the respondent No. 2/Scrutiny Committee to decide the caste claim of the petitioner within six months of 05th July, 2010. 04. Rule is thus made absolute only on the terms indicated above with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10