Mahesh Hari Anjanwad v. State Of Maharashtra Thru Secretary, Gen. Administration Dept. And ORS

6-WP.1695.2023 jvs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 1695 OF 2023 SALUNKE J V Mahesh Hari Anjanwad } Petitioner

Versus

The State of Maharashtra & Ors. } Respondents by SALUNKE J V Date: 2023.02.20 18:33:48 +0530 Ms. Priyanka Shaw i/b. Mr. R. K. Mendadkar for the petitioner.

Mr. P. P. Kakade, Government Pleader with Ms. Nisha M. Mehra, AGP for State.

CORAM:

S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J.

DATE:

FEBRUARY 20, 2023 P.C.:

1.

Heard the learned counsel for the petitioner. 2.

It is submitted that the validation proceedings are pending with the Scrutiny Committee since 2014. The learned advocate for the petitioner submits that the Scrutiny Committee has referred the matter to vigilance. The petitioner has not received the vigilance report. The employer of the petitioner has issued show-cause notice directing the petitioner to produce validity certificate or else, the petitioner's service would be transferred to the supernumerary post.

3.

In view of the statement made by the learned advocate for the petitioner that validation proceedings are pending, we pass the following order: - (i) The petitioner shall appear before the Scrutiny Committee on 15th March 2023.

6-WP.1695.2023 (ii) The Scrutiny Committee shall endeavour to decide the proceeding expeditiously, preferably within six months from the date of appearance of the petitioner. (iii) The petitioner shall co-operate in expeditious disposal of the proceedings. If the petitioner does not co-operate, the Scrutiny Committee is entitled to proceed ahead with the matter.

(iv) As validation proceedings are pending, the impugned show-cause notice is quashed and set aside.

(v) The respondent employer may take further course of action dependent upon the judgment and order that may be passed by the Scrutiny Committee.

4.

With the aforesaid directions, the writ petition is disposed of. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)