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2011 Supreme(Bom) 1225

B.P.DHARMADHIKARI, A.P.BHANGALE
Ramesh s/o Shri Rambhauji Majrikar – Appellant
Versus
The State of Maharashtra through the Secretary – Respondent


Advocates Appeared:
For the Petitioners:M.G. Bhangde, Senior Advocate, R.M. Bhangde, Advocate.
For the Respondents:R1, V.A. Thakre, Assistant Government Pleader, R2, N.W. Sambre, Advocate. For the Intervenor:A.M. Ghare, Advocate.

Judgment :

1. Due to limited arguments and controversy presented before us which centers around scope and relevance of Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate Act, 2000 (hereafter referred to as “the Act No. 23 of 2001”for short) in present matters, we state facts having bearing on it briefly. Both the petitioners are real brothers and by identical orders passed on 25/06/2007, the Caste Scrutiny Committee functioning under above Act has invalidated their caste claim and confiscated their caste certificates as belonging to Halba scheduled tribe. It has also directed their discharge from employment and recovery of benefits derived by them because of said caste certificates. It has also authorized Deputy Superintendent of Police of the Vigilance Cell with it to lodge complaint in the form of FIR with concerned police station as per Section 11(2) for offenses punishable under Section 11(1)(a) and (b) of the said Act. It also found that action also needed to be taken against the Executive Magistrate under Section 13














































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