Bombay High Court
Shri Vinayak Sheshrao Nandanwar And ... vs Union Of India, Thr. Ministry Of Earth ... on 4 September, 2018
Author: M. G. Giratkar
Bench: B.P. Dharmadhikari, M. G. Giratkar
Order 0409wp5331.18
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5331/2018.
Vinayak Sheshrao Nandanwar and others.
-VERSUS-
Union of India and others.
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
CORAM : B.P. DHARMADHIKARI
& M. G. GIRATKAR, JJ.
DATE : SEPTEMBER 04, 2018.
Heard Shri T.D. Mandlekar, learned
Counsel for petitioners, Shri U.M. Aurangabadkar,
learned ASGI for respondent nos. 1 and 2 and Shri N.R. Patil, learned A.G.P. for respondent no.3.
2. Matter is being looked into since last 2/3 dates by this Court. Only insistence of petitioners is to send caste claim to the Scrutiny Committee for its evaluation.
3. Learned counsel for petitioners submits that caste claims are not invalidated and still employer has proceeded further to terminate the employees. ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:43:12 :::
Order 0409wp5331.18 2 Out of total 27 employees likely to be affected, 5 are terminated.
4. Respondents point out an order of termination dated 24.08.2018. This order is addressed to one Gajanan Gokul Ninawe, who is petitioner no.22 before this Court. There in order of punishment, articles of charge and the statement of imputation of misconduct is also quoted. The imputation shows reference to office memorandum dated 02.11.2016, and it stipulates that along with copy of letter dated 21.10.2016, same was provided to petitioner no.22. It was acknowledged by petitioner no.22 on 04.11.2016. In next paragraph, it is mentioned that petitioner no.22, did not submit any report of caste verification committee and did not reply to the office memorandum dated 02.11.2016. On 05.11.2016, he was again requested to complete the process.
5. On 14.03.2018, he was asked to complete online submission of Tribal Caste Verification. It appears that the reply submitted by him on 23.03.2018, was found unacceptable by the employer. He was given final opportunity and by memorandum dated 17.04.2018, and was asked to complete the ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:43:12 ::: Order 0409wp5331.18 3 process, and to submit proof by 28.04.2018. In paragraph no.9, it is recorded that petitioner no.22 did not comply with this memo. Reply given by him was found unacceptable.
6. It is in the light of these findings, that an inference of obtaining employment on the basis of forged caste certificate has been drawn. It is concluded that petitioner no.22 has willfully and deliberately avoided to fulfill the office instructions given to him.
7. We therefore, wanted to see these documents, but, these documents are not forming part of the Writ Petition.
8. Learned counsel for petitioner has invited our attention to page no.74 which contains a letter dated 24.07.2018, signed by one Vinayak Sheshrao Nandanwar and addressed to Director General of Meteorology. He has denied that charges of misconduct and violation of service Rules. He has also pointed out that he was not aware of the High Court orders dated 04.08.2016, and he was not party to Writ Petition No.275/2016.
9. It appears that Writ Petition No. ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:43:12 ::: Order 0409wp5331.18 4 275/2016, filed by Organization of Rights of Tribals against Union of India and employers of petitioners, was disposed of on 04.08.2016, after taking note of statement made by respondents that the caste claims and certificates of employees appointed on posts reserved for Scheduled tribes shall be verified as per law, through competent Committee within short time.
10. Effort of 27 petitioners before this Court is to demonstrate that all papers in relation to their caste claim is already with their employer and it is for their employer to forward the same to the Scrutiny Committee. They are also relying upon a Division Bench judgment of this Court reported at 2010 (6) Mh.L.J. 417 (Sadique Hussain Sheikh Azim Qureshi .vrs. Divisional Caste Certificate Scrutiny Committee and others).
11. Respondents state that caste claims have still not been verified and number of reminders served upon petitioners have not been fruitful.
12. Shri Bhandarkar, learned Counsel for intervenors i.e. petitioners in Writ Petition No. 275/2016 and applicants in Civil Application No. 2153/2018 herein, submits that petitioners only wish ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:43:12 ::: Order 0409wp5331.18 5 to continue in employment as long as possible without getting their caste certificates verified.
13. As this stage we are not inclined to observe anything more. Petitioners could have shown their bonafides by pointing out orders of validity or invalidity in the family. That has not been done.
14. Before proceeding further to pass suitable orders, we grant petitioners time of three weeks as last chance. They are permitted to place on record family trees, pointing out orders of validity or invalidity passed by the respective scrutiny committee. It is open to respondents also to place on record relevant material in the meanwhile.
15. List the matter for further consideration on 25.09.2018.
JUDGE JUDGE
Rgd.
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