LALITA VISHWAMBHAR BIRKALE v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
Case Details
3224.23wp (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 906 WRIT PETITION NO.3224 OF 2023 LALITA VISHWAMBHAR BIRKALE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS …. Mr C. R. Thorat, Advocate for Petitioner; Mr V. M. Kagne, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ. DATE : 24th March, 2023 PER COURT: 1. This is yet another case of the Scrutiny Committee, having not delivered an order in pending proceedings, despite the directions of this Court, dated 11/09/2017 in Writ Petition No.4374/2017, filed by the present Petitioner. No doubt the present Petitioner also is in complicity with what has happened. 2.
Legal Reasoning
The Petitioner had first approached this Court in Writ Petition No.9925/2016. By an order dated 10/01/2017, the proceedings had to be decided within a period of nine months. The Committee passed an order dated 19/01/2017, concluding that the Tribe name ‘Mannervarlu’ suffered a spelling mistake. 3224.23wp (2) The certificate was confiscated and the Petitioner was directed to tender a corrected certificate. Since that was also not decided, the Petitioner once again approached this Court in Writ Petition No.4374/2017, leading to the order dated 11/09/2017. It was concluded that the certificate was issued by the Competent Authority as the law stood then, and the Committee was once again directed to decide the proceedings expeditiously, by directing the Petitioner to appear on 12/10/2017 before the Committee. 3. By the order dated 11/09/2017, this Court had directed the Committee, comprising of 3 members, to decide the claim of the Petitioner on it’s merits. Along with this direction, the employer was directed to protect the services of the Petitioner, who is working with Respondent No.2 as an ‘Assistant Binder’. The Petitioner is said to have moved her first application for seeking an early decision dated 22/03/2017. This was followed by an application dated 31/01/2018. This was followed by reminders dated 06/04/2018, 11/06/2018 and after a gap of four years, dated 29/11/2022. 3224.23wp (3) 4. It is, thus, obvious that, despite the initial reminders by the Petitioner, the Committee did not respond. Today, an affidavit is tendered by one of the members of the Committee,
Legal Reasoning
namely, Smt. Chetana Daulatrao More, Deputy Director and Research Officer, stating in paragraph Nos.4 to 8, as under :- “4. I say and submit that, the petitioner's proposal for validation of tribe claim was received by the respondent No.3 committee on 16.10.2017. The writ Petition No. 4374/2017 was disposed on 11.09.2017 with direction to decide the claim expeditiously. The respondent No.3 committee referred the matter for vigilance cell enquiry on 07.12.2017. The vigilance cell of the respondent No.3 committee is comprised of one deputy superintendent of police, three Police Inspectors and four constables. I say and submit that, approximately 1716 tribe claims are pending for vigilance enquiry. 5. I say and submit that, due to huge pendency of (1716) tribe claims for vigilance enquiry due to oversight the petitioner's case was not proceeded and there was delay. 6. I say and submit that, the Deputy Superintendent of the vigilance cell of respondent no.3 committee also has the additional charge of Kinwat committee. 7. I say and submit that, the tribe claim of the petitioner could not be decided as the vigilance enquiry could not be completed due to heavy work load. I further say and submit that the committee comprises 8. of three members and out of there three members two member are on additional charge and the Joint 3224.23wp (4) Commissioner has assumed regular charge since 02.03.2023.” 5. It has been on several occasions, that this Court has imposed heavy costs on the members of the Committee for ignoring the directions of the High Court. This is one case, wherein there are two orders passed by the High Court. Pursuant to the first order dated 10/01/2017, nine months were granted to the Committee. The Committee closed the proceedings by order dated 19/01/2017 within nine days of the order of the Court, by concluding that the certificate suffers a spelling mistake. This is just a farce created by the Committee comprising of Shri. S. V. Mehetre, Shri. A. D. Shejale and Shri. E. G. Bhalerao. They have created a picture that, they have complied with the directions of the High Court by confiscating the certificate of the Petitioner for a spelling mistake, which is the creation of the Revenue Authority. 6. After the second order of this Court, dated 11/09/2017, merely because it was stated that the Committee should decide the proceedings expeditiously, it is almost 5 years and 6 months, that the Committee has still not decided the proceedings. Merely by stating on oath, that the members of the Committee have high regards and respect to the Court, is not 3224.23wp (5) enough. It is merely a statement made to rescue the Committee from strict or unpalatable orders of the High Court. 7. Even the Petitioner, instead of approaching the Court, which he has frequently done in the past, kept on sending representations upto 2018 to the Committee, since the protection to her services was continued under the fortuitous circumstances. Finally, when she realized that she needs the validity certificate if she desires a transfer by choice to Aurangabad, that she renewed her request for the validity certificate after a period of 4 years and 5 months and has then approached this Court. 8. Even if we consider reasonably that a period of six months under a second order by this Court, dated 11/09/2017, could be appropriate for deciding the claim of the Petitioner, those Committee members, who were In-charge from October 2017 onwards, would be liable to pay costs. 9.
Decision
In view of the above, this petition is disposed off with the following directions :- (a) Costs of Rs.5000/- are imposed on each member who has not implemented our second order dated 11/09/2017. 3224.23wp (6) The learned A.G.P. informs that the following were the members in serial order as per their assignment on the Committee from October 2017, till today :- Sr. No. Name and Designation of the Officer 1. D. P. Jagtap Girish Sarode 2 Sandeep Golait 3. Sandeep D. Golait 4. 5. Dinkar G. Pawara 6. Dinkar G. Pawara 7. Dinkar G. Pawara 8. Dinkar G. Pawara 9. Vijaykumar M. Katke 10. D. J. Pawara 11. V. M. Katke 12. D. N. Chavan 13. V. M. Katke 14. R. S. Bhadke 15. V. M. Katke 16. V. M. Katke 17. R. S. Bhadke 18. V. M. Katke 19. Smt. C. D. More 20. V. M. Katke 21. Smt. C. D. More 22. V. M. Katke 23. Smt. C. D. More 24. V. M. Katke 25. Smt. C. D. More 26. V. M. Katke Period From 10/10/2017 04/08/2018 10/09/2018 12/09/2018 19/06/2019 17/07/2019 31/08/2019 28/07/2021 04/04/2022 20/07/2017 20/06/2019 19/07/2019 21/07/2019 29/11/2020 14/12/2020 14/01/2021 26/01/2021 15/02/2021 14/01/2022 19/01/2022 25/01/2022 15/02/2022 10/03/2022 14/03/2022 05/04/2022 21/04/2022 To 04/08/2018 09/09/2018 12/09/2018 19/06/2019 17/07/2019 30/08/2019 27/07/2021 04/04/2022 20/04/2022 19/06/2019 18/07/2019 20/07/2019 28/11/2020 14/12/2020 13/01/2021 25/01/2021 14/02/2021 13/01/2021 18/01/2022 24/01/2022 14/02/2022 09/03/2022 13/03/2022 04/04/2022 20/04/2022 17/08/2022 27. Smt. C. D. More 28. Sachin Jadhav 29. Smt. C. D. More 30. Sachin Jadhav 31. Smt. C. D. More 32. V. M. Katke 33. D. S. Kulmethe 34. Smt. P. A. Shelke 35. Smt. C. D. More 3224.23wp (7) 17/08/2022 06/09/2022 15/09/2022 09/01/2023 20/01/2023 07/10/2016 07/11/2016 28/06/2021 20/04/2021 05/09/2022 15/09/2022 08/01/2023 20/01/2023 --- 13/01/2021 20/08/2020 Till today Till today [Those whose names are repeated (more than once), shall pay Rs.10,000/- as lumpsum costs]. (b) Each of these members shall deposit the costs in this Court from their Salary Bank Account, on or before 15/04/2023. (c) The statement of the learned A.G.P. that the Vigilance Enquiry Cell will submit it’s report, on or before 15/04/2023, is recorded. (d) The E-mail address of the Petitioner is “ [email protected] ” , which is verified and confirmed, as supplied by her. The vigilance enquiry report would be tendered to her via E-mail within five days of it’s submission. 3224.23wp (8) (e) The hearing in the enquiry will be posted on 02/05/2023 at 12.00 noon in the office of the Committee and the Petitioner would attend the same and tender written submissions. (f) The decision of the Committee shall be pronounced, on or before 15/06/2023. (g) The Petitioner would also deposit an amount of Rs.5,000/- towards costs, in this Court. (h) The employer would not terminate the services of the Petitioner, only for the reason, that the validity certificate is not tendered, until 15/06/2023, or till the date on which the decision by the Committee is announced, whichever is earlier. (i) If an adverse decision is pronounced by the Committee, the same shall not come into effect for a period of 15 days from the date of it’s pronouncement. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk