✦ Bombay High Court · 23 Dec 2022

Sanjay Pralhad Jadhav v. The State of Maharashtra & Ors.

Writ Petition No. 9761 of 2022S G CHAPALGAONKAR

Case at a glance

Outcome

Quashed

The impugned order is quashed and set aside and

Key paragraphs

  • Para 88. In light of that, we pass the following order : ORDER i) The impugned order is quashed and set aside and the parties are relegated before the Scrutiny Committee on the condition that the petitioner shall deposit costs of Rs.15,000/- (Rupees Fifteen Thousand) with…

Judgment

Mr. R. K. Mendadkar, Advocate for the Petitioner. Mrs. R. A. Salunkhe, AGP for the Respondents/State. CORAM: S.V. GANGAPURWALA, ACTING CJ & S.G. CHAPALGAONKAR, J. DATED : DECEMBER 23, 2022 ORAL JUDGMENT (Per : S.V.Gangapurwala, Acting CJ)

1.

Rule. Rule made returnable forthwith. By consent of parties, matter is heard fnally.

2.

The caste claim of the petitioner is invalidated. The petitioner remained absent before the Scrutiny Committee.

3.

The learned Counsel for the petitioner submits that the petitioner has communicated to the Committee that he did not receive the notice dated 15th January 2020 granting him one last opportunity of hearing. The petitioner has also communicated to the Committee that he is interested for prosecuting the matter, but because of offcial work, he could not reply earlier.

4.

The learned AGP submits that ample opportunity is given to the petitioner. The petitioner did not avail the same. Gaikwad RD

5.

We have considered the submissions.

6.

It appears that the petitioner remained absent. The fact that the petitioner remained absent is also accepted by the petitioner in the pleadings.

7.

However, considering that the matter involves social status of the petitioner, we are inclined to grant one more opportunity to the petitioner.

Operative part

8.

In light of that, we pass the following order : ORDER i) The impugned order is quashed and set aside and the parties are relegated before the Scrutiny Committee on the condition that the petitioner shall deposit costs of Rs.15,000/- (Rupees Fifteen Thousand) with the Committee on or before 6th January 2023. ii) The petitioner shall appear before the Committee on 16th January 2023. iii) In case, the petitioner deposit the cost as directed, the Committee shall decide the matter afresh on its own merits and in accordance with law. iv) In case, the petitioner fails to deposit the cost as directed, the proceedings before the Committee shall stand dismissed. v) Rule made absolute in the above terms. vi) The writ petition is disposed of. No costs. (S.G. CHAPALGAONKAR, J.) (ACTING CHIEF JUSTICE) RAJU DATTATRAYA GAIKWAD DATTATRAYA GAIKWAD 16:54:04 +0530 Gaikwad RD

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The impugned order is quashed and set aside and

Which court decided this case, and when?

Bombay High Court, on 23 Dec 2022. The bench was S G CHAPALGAONKAR.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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