Pratiksha Balu Waghmare v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1271 OF 2020 Pratiksha Balu Waghmare .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Anandsingh Bayas, Advocate for the Petitioner. Mrs. A. V. Gondhalekar, Addl.G.P. for Respondent Nos. 1 to 4. CORAM :

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

DATE :

21ST JANUARY, 2020.

FINAL ORDER :

.

It is submitted that, validation proceedings in respect of the tribe claim of the petitioner is pending with the Scrutiny Committee. The same is not yet decided.

2.

The learned counsel for the petitioner submits that, without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post. The proposal has been submitted for the validation to the Committee in the year 2017.

3.

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

4.

In case, the respondents want to take action against the

2 wp 1271.20 petitioner of placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner of 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 (06) months from the date of appearance of the petitioner. The petitioner shall appear before the Committee on 05.02.2020.. 6.

In view of the above, the writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 20