1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.5003 OF 2007 NO.5003 OF 2007 NO.5003 OF 2007 Gaurishankar Gaurishankar Gaurishankar Kallapa Kallapa Kallapa Koli .. Petitioner Koli .. Petitioner Koli .. Petitioner vs vs vs State State State of of of Maharashtra & ors .. Respondents Maharashtra & ors .. Respondents Maharashtra & ors .. Respondents Mr.R.K.Mendadkar Mr.R.K.Mendadkar Mr.R.K.Mendadkar and and and Ms.H.K.Mandlik for Ms.H.K.Mandlik for Ms.H.K.Mandlik for Petitioner Petitioner Petitioner Mr.R.D.Rane Mr.R.D.Rane Mr.R.D.Rane Government Government Government Pleader, for Pleader, for Pleader, for Respondent Respondent Respondent nos. 1 2 & 5. nos. 1 2 & 5. nos. 1 2 & 5. CORAM CORAM CORAM : S.B.MHASE AND : S.B.MHASE AND : S.B.MHASE AND D.G.KARNIK, D.G.KARNIK, D.G.KARNIK, JJ JJ JJ DATED DATED DATED : : : 16th July, 2007 16th July, 2007 16th July, 2007 P.C. P.C. P.C. Heard. Heard. Heard. 2.2.2. Rule returnable forthwith. Rule returnable forthwith. Rule returnable forthwith. 3.3.3. The petitioner is claiming social status as a The petitioner is claiming social status as a The petitioner is claiming social status as a Mahadeo Mahadeo Mahadeo Koli Scheduled Tribe. The said claim has been Koli Scheduled Tribe. The said claim has been Koli Scheduled Tribe. The said claim has been negatived negatived negatived by the Scrutiny Committee by an order dated by the Scrutiny Committee by an order dated by the Scrutiny Committee by an order dated 27th 27th 27th April, 2007 in Case No.TCSC/SCR/Solapur-42/2000. April, 2007 in Case No.TCSC/SCR/Solapur-42/2000. April, 2007 in Case No.TCSC/SCR/Solapur-42/2000. We We We propose to remand the matter back to the Scrutiny propose to remand the matter back to the Scrutiny propose to remand the matter back to the Scrutiny Committee Committee Committee on on on an issue that the vigilance cell report in an issue that the vigilance cell report in an issue that the vigilance cell report in the the the matter matter matter was not served on the petitioner but, it was was not served on the petitioner but, it was was not served on the petitioner but, it was served served served on the Chief Executive Officer of the Zilla on the Chief Executive Officer of the Zilla on the Chief Executive Officer of the Zilla Parishad Parishad Parishad where the petitioner was working. The where the petitioner was working. The where the petitioner was working. The petitioner petitioner petitioner has come up with a case that the vigilance has come up with a case that the vigilance has come up with a case that the vigilance cell cell cell report was not served on him and no opportunity report was not served on him and no opportunity report was not served on him and no opportunity 2 was was was given given given to him to meet out the vigilance cell report. to him to meet out the vigilance cell report. to him to meet out the vigilance cell report. In In In order to find out the truth of the statement we had order to find out the truth of the statement we had order to find out the truth of the statement we had called called called the original file of the Scrutiny Committee and the original file of the Scrutiny Committee and the original file of the Scrutiny Committee and ititit is noticed from the original file of the Scrutiny is noticed from the original file of the Scrutiny is noticed from the original file of the Scrutiny Committee Committee Committee that that that the vigilance cell report was not served the vigilance cell report was not served the vigilance cell report was not served on on on the petitioner. But, the acknowledgment on record the petitioner. But, the acknowledgment on record the petitioner. But, the acknowledgment on record shows shows shows that it was addressed to the Chief Executive that it was addressed to the Chief Executive that it was addressed to the Chief Executive Officer, Officer, Officer, Zilla Parishad, Solapur. There is no further Zilla Parishad, Solapur. There is no further Zilla Parishad, Solapur. There is no further evidence evidence evidence on record to show that the Chief Executive on record to show that the Chief Executive on record to show that the Chief Executive Officer, Officer, Officer, Zilla Parishad has served the said report on Zilla Parishad has served the said report on Zilla Parishad has served the said report on the the the petitioner, and therefore we find that the petitioner, and therefore we find that the petitioner, and therefore we find that the contention contention contention raised by the petitioner is valid one. We raised by the petitioner is valid one. We raised by the petitioner is valid one. We find find find that appropriate opportunity has not been given to that appropriate opportunity has not been given to that appropriate opportunity has not been given to the the the petitioner and therefore the order is vitiated. petitioner and therefore the order is vitiated. petitioner and therefore the order is vitiated. 4.4.4. Petition is allowed. Order dated 27th April, 2007 Petition is allowed. Order dated 27th April, 2007 Petition is allowed. Order dated 27th April, 2007 inin in Case No.TCSC/SCR/Solapur-42/2000 is hereby quashed Case No.TCSC/SCR/Solapur-42/2000 is hereby quashed Case No.TCSC/SCR/Solapur-42/2000 is hereby quashed and and and set aside. The matter is remanded back to the set aside. The matter is remanded back to the set aside. The matter is remanded back to the Scrutiny Scrutiny Scrutiny Committee. The Scrutiny Committee shall give Committee. The Scrutiny Committee shall give Committee. The Scrutiny Committee shall give and/or and/or and/or serve serve serve a copy of the vigilance cell report on the a copy of the vigilance cell report on the a copy of the vigilance cell report on the petitioner petitioner petitioner and give an opportunity to him to revert to and give an opportunity to him to revert to and give an opportunity to him to revert to the the the material appearing against him and thereafter shall material appearing against him and thereafter shall material appearing against him and thereafter shall pass pass pass an order on its own merits. an order on its own merits. an order on its own merits. 5.5.5. Rule is made absolute as above. Rule is made absolute as above. Rule is made absolute as above. (D.G.Karnik, (D.G.Karnik, (D.G.Karnik, J) J) J) (S.B.Mhase, (S.B.Mhase, (S.B.Mhase, J) J) J)