Shankar Narayan Tope v. The State Of Maharashtra Thr Its Secretary And Others

1 72-WP-4595-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4595 OF 2021 Shankar Narayan Tope

...Petitioner

Versus

The State of Maharashtra and others

...Respondents

Mr P.V. Jadhavar, Advocate for Petitioner Mr P.K. Lakhotiya, AGP for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 15th MARCH, 2021 PER COURT :

1.

Heard learned counsel for the petitioner and the learned AGP for respondents/State.

2.

The petitioner has been placed on supernumerary post. The order placing the petitioner on supernumerary post is issued without notice to the petitioner and without hearing the petitioner. The same is violative of principles of natural justice.

3.

In the light of the above, the impugned order is quashed and set aside. The respondents shall not take any further action pursuant to the impugned order, without issuing notice to the petitioner and without hearing the petitioner.

2 72-WP-4595-2021 4.

In view of the above, the writ petition is disposed of. No costs. 5.

The Scrutiny Committee may endeavour to decide the validation proceedings expeditiously and preferably, within a period of six months from the date of appearance of the petitioner. 6.

The petitioner shall appear before the Committee on 7th April, 2021.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta