Bombay High Court
Shri Laxmayya Rajam Nagula vs The State Of Maharashtra on 5 March, 2010
Bench: S.A. Bobde, V. A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY:
NAGPUR BENCH: NAGPUR
WRIT PETITION NO.4793 OF 2009
PETITIONER:
Shri Laxmayya Rajam Nagula , aged about 56 years, occ : service,
r/o Nagbhid, at and post Nagbhid, district Chandrapur
VERSUS
RESPONDENTS:
1] The State of Maharashtra, through its Secretary, Department of
Tribal Development Mantralaya, Fort, Mumbai 400 032.
2] The Divisional Caste Scrutiny Committee (II), Nagpur Division,
Chandrapur, District : Chandrapur
3] Deputy Conservator of Forest, Forest Department, Brahmapuri,
Tah. Brahmapuri District : Chandrapur
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Shri A. S. Kilor, advocate for petitioner
Shri S.J. Jichkar, AGP for respondents
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CORAM: S.A. BOBDE AND SMT. VASANTI A. NAIK, JJ.
DATE: 5TH MARCH, 2010
ORAL JUDGMENT: [PER : S.A. BOBDE, J.
Rule returnable forthwith. Heard by consent.
It is an admitted position that the Vigilance Report was not
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obtained before deciding the petitioner’s caste claim. This lacuna is
sufficient to vitiate the order. We accordingly set aside the impugned
order and remand the matter back to the Scrutiny Committee for fresh
decision in accordance with law, within a period of six months from
today. Petitioner shall appear before the committee on 18.3.2010. All
issues are left open.
Rule made absolute in the above terms.
JUDGE JUDGE
SMP.
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