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2007 Supreme(Bom) 968

R.C.CHAVAN, A.H.JOSHI
DEEPAK SHRIRAM KALE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
A.A.NAIK, A.M.DESHPANDE, A.S.JAISWAL

CHAVAN, J.

( 1 ) RULE. By consent made returnable forthwith. Heard by consent of parties.

( 2 ) THE petitioner, an employee of Bank of India, takes exception to the letters issued by the Bank requiring the petitioner to have his claim of belonging to ?kharia? (Scheduled Tribe) verified.

( 3 ) THE petitioner claimed to belong to Kharia, Scheduled Tribe, and had secured employment with the respondent Bank on the basis of a certificate granted to him on 04. 01. 1982. The Collector had initiated an inquiry to ascertain the correctness of petitioner's claim and came to cancel the said certificate vide order dated 19. 11. 1984. The petitioner challenged the said order by filing Writ Petition No. 3504 of 1995, wherein, by judgment dated 18th December, 1997, this Court had directed Collector, Akola to decide ?genuineness and correctness? of the caste certificate issued by Executive Magistrate, Akola on 04. 01. 1982. In pursuance of this order the Collector, Akola examined the matter once again and refused to alter the order cancelling petitioner's caste certificate.

( 4 ) THIS order of the Collector dated 31st March, 1998 was challenged by the petitioner in Writ Petition No. 1876 of 1998.










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