Maroti Chitranna Almod v. The State Of Maharashtra Thr Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4852 OF 2021 Maroti Chitranna Almod .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Manohar Deshpande, Advocate h/f Shri Madhur A. Golegaonkar, Advocate for the Petitioner.

Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 to 4. CORAM :

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

DATE :

18TH MARCH, 2021.

FINAL ORDER :

.

It submitted that validation proceeding in respect of the tribe claim of the petitioner is pending with the scrutiny committee, the same is not decided.

2.

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, well within the time as contemplated under the Circular dated 30.07.2013.

3.

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

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In case, respondents want to take action against petitioner of placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner 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 proceeding expeditiously and preferably within a period of within six months from the date of appearance of the petitioner. The petitioner shall appear before the Committee on 08.04.2021. 6.

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

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/March 21