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Bombay High CourtWP/3353/2021disposed off

Bharti Koutikrao Dandge v. The State Of Maharashtra Thr Its Secretary And Others

2021-02-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

965-WP-3353-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 WRIT PETITION NO.3353 OF 2021 BHARTI KOUTIKRAO DANDGE

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. S. V. Vibhute h/f Mr. Chinchole Ghanshyam K.

AGP for Respondents/State: Mr. A. R. Kale ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 23.02.2021 P.C. :

.

The petitioner is placed on supernumerary post. The validation proceeding is still pending.

2.

We have heard the learned counsel for the petitioner and learned A.G.P. for the respondents/State.

3.

Earlier, the petitioner was placed on supernumerary post. This Court, under order dated 05.02.2020 in Writ Petition No. 2294 of 2020 set aside the order placing the petitioner on supernumerary post and directed the Committee would decide the proceeding within a period of six months. According to the petitioner, the proceedings are still pending before the Scrutiny Committee.

965-WP-3353-2021.odt 4.

Under our order dated 05.02.2020 in Writ Petition No. 2294 of 2020, we have directed the Committee to decide the proceeding within a period of six months. If the Committee has failed to decide the said proceeding, the petitioner cannot be faulted with. On the same ground, again the impugned order could not have been passed by the Collector.

5.

The petitioner shall appear before the Committee on 3.3.2021.

6.

The Committee has not followed the directions given by this Court dated 05.02.2020 in Writ Petition No. 2294 of 2020. The Committee shall now decide the proceedings within a period of four months from the date of appearance of the petitioner. If the Committee fails to decide the proceedings as directed above, we will have to take serious view of the matter.

7.

We are constrained to observe this because the Committee has failed to abide by the earlier directions. The impugned order is quashed and set aside. Writ petition is, accordingly, disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) Sameer