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Bombay High CourtWP/1441/2020disposed offdismissed for default

Rajkumar Rajaram Singarwad v. The State Of Maharashtra And Others

2020-01-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 926-WP-1441-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1441 OF 2020 RAJKUMAR RAJARAM SINGARWAD ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr S.M. Vibhute, Advocate for Petitioner Mr A.B. Girase, Government Pleader for Respondents-State CORAM : S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22ND JANUARY, 2020 PER COURT :

1.

We have heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents. 2.

The petitioner is issued with a show cause notice as to why action should not be taken for non-submission of the validity certificate.

3.

The validation proceeding in respect of caste claim of the petitioner is pending since 17th May, 2017.

4.

To get the validity proceeding decided within a stipulated period, is not in the hands of the litigants.

2 926-WP-1441-2020 5.

It is submitted that the vigilance is also not yet completed. The candidate does not have any role to play unless and until vigilance is completed. It is for the Committee to decide the validation proceeding expeditiously.

6.

The petitioner shall appear before the respondent No. 2 - Committee on 5th February, 2020. The Committee shall endeavour to decide the same proceeding expeditiously, preferably within a period of six months from the date of appearance of the petitioner. 7.

The petitioner shall bring this fact to the notice of the respondents while filing reply to the show cause notice. Naturally, the employer will have to consider the pendency of the validation proceeding and the order passed by this Court. 8.

The respondents shall not take coercive action against the petitioner till the disposal of the validation proceeding. 9.

The employer may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

10.

The writ petition is accordingly disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta