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Bombay High CourtWP/1207/2022disposed off

Madhukar Anandrao Pitle v. The State Of Maharashtra And Others

2022-01-24Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

1207.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 WRIT PETITION NO.1207 OF 2022 MADHUKAR ANANDRAO PITLE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioners : Mr.G.K.Chinchole h/f. Mr.S.M.Vibhute AGP for Respondent-State : Mr.S.K.Tambe ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 24.01.2022 P.C. :

1] The learned counsel for the petitioner submits that in the present matter validation proceeding is pending. The employer has issued show cause notice to the petitioner to produce validity certificate, else adverse action would be taken and the petitioner would be placed on supernumerary post.

2] The learned AGP accepts notice for the respondent - State.

3] Considering the fact that the validation proceeding is pending with the Committee, we pass the following order :-

1207.22WP

ORDER

The petitioner shall appear before the Committee on 16.02.2022. The respondent - Committee shall endeavour to decide the validation proceeding on it's own merits, in accordance with law, expeditiously and preferably within a period of six [06] months from the date of appearance of the petitioner. The petitioner shall cooperate in expeditious disposal of the proceeding. The impugned order is quashed and set aside. The employer may not take adverse action against the petitioner only on the ground that the validation proceeding is pending. Of course, the employer may take further course of action depending upon the judgment that may be delivered in the validation proceeding.

4] In the light of above, the Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC