COURTS ON ITS OWN MOTION Vs. K M BHOYAR, RESEARCH OFFICER & MEMBER SECRETARY AND OTHERS
HIGH COURT OF BOMBAY
COURTS ON ITS OWN MOTION
K M Bhoyar, Research Officer And Member Secretary And Others
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(1.) Heard the learned counsel appearing for the parties.
(2.) Writ Petition No.538 of 2016 challenging the order dated 19-1-2016 passed by the Divisional Caste Certificate Scrutiny Committee No.2 at Akola, invalidating the caste claim of one Sanjay Bhaskar Raimulkar, was allowed by this Court by the judgment and order dated 23-3-2017. The operative portion of the order passed by this Court is reproduced below :
"(i) The impugned order dated 19.01.2016 passed by the Respondent No.2Scrutiny Committee is quashed and set aside.
(ii) The caste claim of the petitioner is remanded to the respondent no.2Committee for a fresh consideration of material on record on merits and in accordance with law.
(iii) The Committee shall give an opportunity of hearing to the petitioner as well as respondents and pass a reasoned order within a period of six months from the date of communication of this order.
(iv) The parties to appear before the respondent No.2 Scrutiny Committee on 10th April, 2017.
(v) Civil Application Nos. 1227/2016, 1564/2016 and 1779/2016 do not survive. They are also disposed of.
(vi) Notice to show cause issued to the three Committee members who have signed the second order sheet dated 31.12.2015 and the impugned order, is made returnable on 24.04.2017.
(vii) Registry to register separate proceedings in that respect.
(viii) Records of present petition, records of Writ Petition No.1800/2014 with Civil Application No. 24/2016 therein, shall be preserved for use in Sec.195/Sec.340 Cr.P.C. proceedings.
(ix) Rule made absolute in the aforesaid terms. However there shall be no order as to costs."
(3.) In response to the aforesaid order, the respondent Nos.1, 2 and 3, who are the members of the Scrutiny Committee, were issued notice on 23-3-2017, alleging therein as under :
" Whereas, Criminal Application U/S 340 with Section 195 of Cr.P.C. For inquiry in respect of fabrication of ordersheet (Roznama) dated 31-12-2015 by the three Scrutiny Committee Members thereby showing an attempt to interfere with the sanctity of the records of a quasi judicial authority. The ordersheet (Roznama) dated 31.12.2015 demonstrates the dishonesty on the part of the Committee Members who signed the Roznama at a later stage, which prima facie constitute an offence U/S 192 & 193 of I.P.C.
(SUO MOTU) Criminal Application is registered on 04.04.2017 as per Hon'ble Court's order dated 23.3.2017.";
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