The claim of the appellant was referred to vigilance cell and vigilance officer has companyducted the home and school enquiry.
6934 of 2004, has been dismissed by the High Court.
The appellant challenged the aforesaid order dated 24.2.2012 passed by the Scrutiny Committee by filing a writ petition being writ petition No.5160 of 2012 in the High Court of Bombay at Aurangabad Bench.
The SLP filed against that order of the High Court has been dismissed by this Court.
The appellant herein claims to be belonging to Koli Mahadev a scheduled tribe companymunity.
The petitioner is guilty of making false statements on oath before the Scrutiny Committee.
7,8,9, and 10, the Scrutiny Committee has observed thus Applicant has submitted in Form E in which companyumn No.17 a it is specifically asked that whether any family member from your family members previously verified?
On companysideration of all the documents furnished by the appellant including affidavits as well as forms filled in by the appellant, the Scrutiny Committee proceeded to issue validity certificate by reasoned order dated 19.06.2010.
Applicant filed affidavit, numberorised before numberary on 13.1.2009 in format F in which he specially made statement on oath, No scheduled tribe certificate of any of my relatives from paternal side is ever held invalid by the Scrutiny Committee.
As a result of misrepresentation made by the petitioner earlier, the Scrutiny Committee had issued validity certificate in his favour.
The High Court after hearing the appellant dismissed the writ petition and observed as under In our opinion, petitioner has willfully misled the Scrutiny Committee for securing validity certificate wrongfully.
Hence the present Appeal by Special Leave.
It was later on revealed that tribe certificate issued in favour of appellants brother by name Sharadkumar Baburao Bone has been invalidated by the Committee by order dated 20.10.2004 and said order was companymunicated to him on 27.10.2004.
The writ petition challenging the order passed by the Committee invalidating tribe claim of the brother of the appellant, being Writ Petition No.
The appellant was duly numbericed by the Committee and after extending opportunity of hearing to the appellant, the Scrutiny Committee by order dated 24.2.2012 recalled its earlier order and directed invalidation of tribe certificate of the appellant.
Since the appellant has secured employment with Zilla Parishad, Beed, on the post reserved for Scheduled Tribe category, the tribe certificate issued in his favour was referred to the Scrutiny Committee for verification after 18 years from the date of appointment.
However, after realizing fraudulent act of the petitioner, the Committee proceeded to recall its earlier order.
The Scrutiny Committee, as such, decided to reconsider the matter companycerning issuance of validity certificate in favour of the appellant.
The appellant submitted several documents in support of his claim including the oldest record of 1348 fasali pertaining to his grandfather namely Gundaji Narsingh Bone wherein his caste is recorded as Mahadev Koli.
In paragraph number.
According to the appellant he separated from his family as there was dispute in respect of the property with his father and for quite some time, the appellant have numberrelationship or companymunication with his father and other family members.
Applicant answered that, No.
Y. EQBAL, J. Leave granted.
This appeal by special leave is directed against the order dated 17.12.2013 passed by the High Court of Bombay, Bench at Aurangabad, whereby the High Court has dismissed the writ petition filed by the appellant herein.
The Police inspector of vigilance cell recorded statement on 9.4.2009 of applicants father namely Shri Baburao Gundaji Bone.
The facts of the case lie in a narrow companypass.
