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Bombay High CourtWP/2085/2018disposed offdismissed for default

Ravindra Jayram Thakur v. The State Of Maharashtra And Others

2018-02-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 Sr12 WP2085.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 2085 OF 2018 Ravindra S/o Jayram Thakur ... Petitioner

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Mr Anil S. Golegaonkar, Advocate for the petitioner Mrs Vaishali N. Patil-Jadhav, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 20TH FEBRUARY, 2018.

ORDER:

1.

Issue notice to the respondent. Learned AGP waives service of notice for all the respondents and, upon instructions, submits that in the present matter vigilance has been conducted. The vigilance report has been received on 04.08.2017, however, because of lack of coram, the proceeding is not decided.

2.

Considering the fact that, the validation proceeding is pending and the pendency is not on account of the fault of the petitioner, we pass the following order.

ORDER

(i) The respondent No. 2 - Committee shall decide the validation proceeding in respect of the tribe claim of the

2 Sr12 WP2085.2018 petitioner expeditiously, preferably within six months from today.

(ii) The petitioner shall appear before the Committee on 05.03.2018.

(iii) The impugned notice is quashed and set aside. The respondent-employer shall not take adverse action against the petitioner only on the ground that the validation proceeding is pending.

(iv) The respondent No. 3 - employer may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding. 3.

Writ Petition is, accordingly, disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde