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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
RAVINDRA V. GHUGE, ARUN R. PEDNEKER, JJ.
Raju Bansilal Rasede – Appellant
Versus
The State of Maharashtra – Respondent
Contempt Petition No.516 of 2022
Decided on : 22-12-2022
Contempt of Court - Scheduled Tribe Certificate - Contempt of Courts Act, 1971 - [FRAUD] - [Scheduled Tribe Certificate] - [Contempt of Courts Act, 1971] - The court discussed the fraudulent activities of the petitioner in obtaining a Scheduled Tribe certificate and the subsequent contempt of court proceedings. The court found that the petitioner had obtained a fabricated caste certificate and played fraud on various authorities, leading to the final decision to dismiss the contempt petition and order the registration of an FIR against the petitioner.
Fact of the Case:
The petitioner, claiming to belong to Naikda, Scheduled Tribe, had obtained a caste certificate and subsequently faced scrutiny and verification proceedings. The petitioner filed a contempt petition when the proceedings were not concluded within the stipulated time.
Finding of the Court:
The court found that the petitioner had engaged in fraudulent activities to obtain a caste certificate and had played fraud on various authorities, including the court. The court dismissed the contempt petition and ordered the registration of an FIR against the petitioner.
Issues: The issues revolved around the petitioner's claim of belonging to a Scheduled Tribe, the scrutiny and verification proceedings, and the subsequent contempt petition filed by the petitioner.
Ratio Decidendi: The court's decision was based on the finding of fraudulent activities by the petitioner in obtaining a caste certificate and playing fraud on various authorities, leading to the dismissal of the contempt petition and the order to register an FIR against the petitioner.
Final Decision: The court dismissed the contempt petition, ordered the registration of an FIR against the petitioner, and imposed costs of Rs.1,00,000 to be deposited by the petitioner within eight weeks.
JUDGMENT
Arun R. Pedneker, J.
1. The present Contempt Petition is filed praying for taking congnizance and to declare that the contemnor Respondent No.2/Member Secretary of the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad has committed deliberate and willful contempt of order dated 12.10.2020 passed in Writ Petition (Stamp) No.17370 of 2020. The contemnor be punished and penalized under the provisions of the Contempt of Courts Act, 1971.
2. This Court vide order dated 12.10.2020 in Writ Petition Stamp No.17370 of 2020 had directed the Respondent committee to decide the caste verification proceedings of the Petitioner expeditiously and preferably within a period of nine (09) months from the date of appearance of the Petitioner and the Petitioner was directed to appear on 19.10.2020 before the Committee. The proceedings having not been concluded within nine (09) months from 19.10.2020, the Petitioner has filed the present Contempt Petition on 03.08.2022.
3. Ordinarily, we could have restricted ourselves to the orders passed by this Court and sought an explanation from the Scrutiny Committee as to why the proceedings have not concluded. However, as the matter unfolded a clear case of fraud being played on this Court and the Scrutiny Committee and on various authorities including the employer State, emerged. Thus, it is necessary to briefly summarize the facts and the unfolding of the fraud played upon this Court and other authorities as under,
A. It is the case of the Petitioner as set out in the Writ Petition (Stamp) No.17370 of 2020 that the Petitioner belongs to Naikda, Scheduled Tribe and the competent authority had issued him caste certificate on 05.07.2011, after following due procedure of law.
B. That he appeared for competitive examination and got selected for the post of Police Sub Inspector (PSI) and after completion of requisite training the Petitioner came to be appointed and posted at Gondiya Police Station by order dated 23.06.2005. The Petitioner submits that although he was appointed on the post of PSI against the seat reserved for scheduled Tribe category by an order dated 31.07.2005, his Caste Certificate was referred to the Scrutiny Committee by the Department on 13.02.2017.
C. The Petitioner submitted that the school record of his cousin uncle namely Dalsram Gajiram pertaining to the year 1956, the caste entry is mentioned as Naikda.
D. The Petitioner submitted that considering his excellent performance on the post of PSI, he was promoted to the post of Assistant Police Inspector in the year 2012 and further the State has published the final selection list to the promotional post of Police Inspector and the name of the Petitioner is shown at Serial No.4 and unless the validity is produced he cannot get the promotion. The condition for getting the promotion is that he has to produce the caste validity certificate.
E. On 07.05.2019, Respondent No.3 issued an order of promotion wherein it was mentioned that in absence of validity certificate the Petitioner cannot be granted promotion. The Petitioner submitted that his caste certificate is pending scrutiny before the committee from the year 2017 and that he is not able to get the promotion on account of pendency of the proceedings before the scrutiny committee.
F. The Petitioner then submitted that Respondent No.5/The Superintendent of Police (Rural), Nashik District, Nashik without giving any opportunity of hearing and without issuing any notice to the Petitioner placed him on supernumerary post when the caste claim is yet to be decided by the Scrutiny Committee and in such circumstance, Respondent No.5 ought not to have taken any action against the Petitioner at least to the extent of service of the Petitioner.
G. The Petitioner further submitted that he was appointed by order dated 23.06.2005, however for the first time the proposal was forwarded to the Scrutiny Committee after the completion of more than 12 years of service and the Scrutiny Committee has no
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