1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 6813 2007 Nitin s/o. Prakash Jadhav, age - years, occ. nil, R/o. Police line, House NO. 42, Mill Corner, Aurangabad.- - - - Petitioner versus 1. The State of Maharashtra. 2. The Scheduled Tribe Caste Certificate Verification Committee through its Chairman/ Director, Aurangabad Division, Aurangabad. 3. The Sub Divisional Magistrate, Tahsil Office, Sillod, district Aurangabad. - - - Respondents. Shri A. S. Golegaonkar, Advocate for petitioner. Shri B. V. Wagh, Addl. Govt. Pleader for respondents No.1 and 3. Shri Pravin S. Patil, Advocate for respondent No.2. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 9th October 2009 2 ORAL ORDER [ PER B. R. GAVAI, J. ] : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner challenges the order dated 7-4-2007 vide which the respondent No.2 Committee has invalidated the claim of the petitioner belonging to Malhar Koli scheduled tribe. 3. The petitioner deserves to be allowed on the short ground that the order impugned is in violation of the principles of natural justice. 4. It is not in dispute that second inquiry was conducted by the Vigilance Cell on 16-10-2006 and that though the petitioner had demanded copy of the said report at the time of hearing, same was not given to him. 5. In that view of the matter, impugned order is quashed and set aside. The matter is remitted back to the Committee for considering the claim of the petitioner afresh in accordance with law. 3 6. Petitioner to appear before the Committee on 3-11-2009. On the said date, respondent Committee shall supply copy of the second report of the Vigilance Cell and thereafter decide the claim of the petitioner after giving opportunity of hearing to the petitioner. Rule made absolute in the aforesaid terms. ( N. D. DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp681307