Chaitan Champatrao Pakalwad v. The State Of Maharashtra And Others

1 wp 554.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 554 OF 2022 Chaitan Champatrao Pakalwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri M. L. Paithane, Advocate h/f Madhur A. golegaonkar, Advocate for the Petitioner.

Shri S. P. Tiwari, A.G.P. for Respondent Nos. 1 to 4. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

18TH JANUARY, 2022.

FINAL ORDER :

.

It is submitted that validation proceeding in respect of the tribe claim of petitioner is pending with the scrutiny committee, the same is not decided.

2.

Without issuing notices to petitioner, the respondents have placed the petitioner on supernumerary post. The proposal is submitted for the validation to the Committee. 3.

As the impugned action is without notice to petitioner, we quash and set aside the impugned action.

4.

In case respondents want to take action against petitioner of placing petitioner on supernumerary post or otherwise, then

2 wp 554.22 notice shall be issued to the petitioner giving opportunity to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondent/Committee. 5.

The Committee shall decide the validation proceedings expeditiously and preferably within a period of six months from the date of appearance of the petitioner. The petitioner shall appear before the Committee on 15.02.2022.

6.

In light of above, the writ petition is disposed of. No costs. [SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Jan.22