Namdev Narayan Barge v. The State Of Maharashtra And Another

1 wp 740.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 740 OF 2020 NAMDEV NARAYAN BARGE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Umesh Gite h/f. Mr. Deshmukh Mahesh S.

Addl.G.P. for Respondents : Mrs. A. V. Gondhalekar ...

CORAM:S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE: 14th JANUARY, 2020 PER COURT:

1.

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

2.

Without issuing notice to the petitioner, respondent no. 2 has placed the petitioner on the supernumerary post.

3.

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

2 wp 740.20 4.

In case, the respondent wants to take action against the petitioner of placing the petitioner on supernumerary post or otherwise, then 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 committee. 5.

The committee shall decide the validation proceeding expeditiously and preferably within a period of three (03) months.

6.

The petitioner shall appear before the committee on 21.01.2020.

7.

Writ Petition accordingly stands disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe