Bombay High Court
PRAKASH CHINANNA PUJARWADversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The show‑cause notice is quashed and the committee is directed to decide the petitioner’s tribal claim within six months, with a stay on any adverse action by the employer.
Summary
Petitioner Prakash Chinanna Pujarwad filed a writ petition seeking relief from a show‑cause notice issued by his employer (Respondent No.3) demanding a tribal validity certificate, while his claim was already pending before a committee (Respondent No.2) since 10 March 2026. The employer treated the notice as a final show‑cause notice and threatened adverse action if the certificate was not produced. The High Court examined whether the notice could stand while the claim was pending before the committee and whether the court could direct the committee to decide the claim within a reasonable time. The Court quashed the show‑cause notice and directed the committee to decide the tribal claim within six months of the order, also restraining the employer from taking any adverse action on the ground of non‑production of the certificate for the same period. The writ petition was disposed of with these directions.
Issues considered
- Whether the show‑cause notice issued by the employer is valid when the petitioner’s claim is pending before a statutory committee.
- Whether the court can direct the committee to decide the pending tribal claim within a specified time and restrain the employer from adverse action.
Subjects
- writ petition
- show cause notice
- tribal validity certificate
- administrative law
- quash
- stay of proceedings
- committee decision
- employment
Judgment
(1) 924-WP-10646-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 WRIT PETITION NO. 10646 OF 2026
Prakash Chinanna Pujarwad
VERSUS
The State Of Maharashtra Thr Its Secretary And Others
...
Mr. Sagar S. Phatale, Advocate for the Petitioner.
Mr. K. N. Lokhande, AGP for Respondent-State.
Mr. A. M. Gaikwad, Advocate for Respondent No.3.
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 20th AUGUST 2026.
PC :-
1. Heard Mr. Phatale, the learned Advocate for the petitioner, Mr.
Lokhande, the learned AGP for Respondent/State and Mr. Gaikwad, the
learned Advocate for Respondent No.3.
2. The claim of the petitioner is pending before the Respondent
No.2/Committee since 10/03/2026. Now, the Respondent
No.3/Employer issued a notice to the petitioner on 14/08/2026 treating
the same as final show cause notice, asking him to furnish the tribe
validity certificate. If no such certificate is produced, further action is
(2) 924-WP-10646-2026
contemplated. The petitioner therefore has approached this Court
seeking directions to Respondent No.2/Committee to decide his claim
within stipulated period.
3. Since the claim petition is already pending before the Respondent
No.2/Committee, this Court finds that it would be appropriate to dispose
of the present writ petition with following directions:-
(i) Show cause notice dated 14/08/2026 issued by Respondent No.3
is quashed and set aside.
(ii) The respondent No.2/Committee is requested to decide the tribe
claim of the petitioner within a period of six months from today.
(iii) No adverse action be taken by the Respondent No.3/employer
against the petitioner solely on the ground of non-production of validity
certificate, for a period of six months or till the decision of the
Committee, whichever is earlier.
4. With these, writ petition stands disposed off.
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
D.A.ETHAPE
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