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Bombay High Court

AVINASH JAIRAM PAKALWADversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court ordered the Scrutiny Committee to decide the petitioner’s tribe claim within two months and restrained the employer from taking any coercive action until such decision is rendered.

Summary

The petitioner, Avinash Jairam Pakalwad, filed a writ petition seeking protection from his employer's show‑cause notice that threatened termination for not producing a tribe‑validity certificate. The petitioner’s claim of belonging to the Mannervarlu Scheduled Tribe has been pending before the Scrutiny Committee since 29 July 2025, and a Vigilance Cell report has already been filed with a reply from the petitioner. The petitioner argued that the employer should not take any coercive action until the tribe claim is decided, while the respondent contended that the Scrutiny Committee would need time to decide. The Court directed the Scrutiny Committee to decide the tribe claim within two months and enjoined the employer from any coercive action during the pendency of the claim. The protection granted by the Court is limited to the period until the tribe claim is decided, and the writ petition was disposed of with these directions.

Issues considered

  • Whether the employer can terminate the petitioner for non‑submission of a tribe‑validity certificate before the Scrutiny Committee decides the tribe claim.
  • Whether the Scrutiny Committee must be directed to decide the tribe claim expeditiously.

Subjects

  • Scheduled Tribe
  • tribe claim
  • Scrutiny Committee
  • show cause notice
  • termination
  • writ petition
  • protective order

Judgment

2026:BHC-AUG:2211-DB


                                                       1                         929-wp-628-2026.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                      BENCH AT AURANGABAD
                                  929 WRIT PETITION NO. 628 OF 2026

                                       Avinash Jairam Pakalwad
                                               VERSUS
                                 The State Of Maharashtra And Others
                                                   ...
                Mr. Chandrakant R. Thorat, Advocate for the Petitioner
                Mr. V. M. Jaware, AGP for Respondents
                                                   ...
                                     CORAM : SANDIPKUMAR C. MORE AND
                                                 ABASAHEB D. SHINDE, JJ.
                                         DATED : JANUARY 17, 2026

                P.C.:

                1.      Heard.

                2.      The tribe claim of the petitioner of belonging to ‘Mannervarlu’,
                Scheduled Tribe is pending with Respondent No.2/Scrutiny Committee
                since 29.07.2025.

                3.      Learned Counsel for the petitioner submits that the Vigilance Cell
                Report has already been submitted and even the petitioner has also
                filed reply to the same. He submits that it is only that the hearing of the
                proceedings is to be conducted. He also submits that during the
                pendency of the said tribe claim the employer of the petitioner has
                issued a Show Cause Notice dated 14.01.2026 calling upon the
                petitioner to explain as to why the services of the petitioner shall not be
                brought to the end for non-submission of the tribe validity certificate,
                therefore, Respondent/Scrutiny Committee be directed to decide the
                tribe claim of the petitioner as expeditiously as possible.

                4.      Learned   AGP     on   the   other    hand    submits   that     the
                Respondent/Scrutiny Committee would take some time to decide the

         Narwade/
                                               2                         929-wp-628-2026.odt


       proceeding. However, considering the fact that the reply to the
       Vigilance Cell Report has already been filed by the petitioner and the
       matter needs to be heard which is posted on 22.01.2026 for that
       purpose, we direct Respondent/Scrutiny Committee to decide the tribe
       claim of the petitioner as expeditiously as possible and in any case
       within a period of two months from today.

       5.      Till the tribe claim is decided the employer of the petitioner shall
       not take any coercive action pursuant to the notice dated 14.01.2026.
       We make it clear that the protection granted by this Court will operate
       only till the tribe claim is decided.

       6.      With this direction, Writ Petition stands disposed of.



            [ABASAHEB D. SHINDE, J.]               [SANDIPKUMAR C. MORE, J.]




Narwade/


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