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Bombay High CourtWP/3669/2021disposed off

Subhash Kisan Bawiskar v. The State Of Maharashtra And Others

2021-02-24Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(1) 943-wp-3669-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO.3669 OF 2021 SUBHASH KISAN BAWISKAR ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Sushant C. Yeramwar, Advocate for the Petitioner.

Mr. K. N. Lokhande, AGP for Respondents-State. ...

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

DATED : 24th FEBRUARY, 2021.

PER COURT:- 1.

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

2.

Without issuing notice to petitioner, the respondents have placed petitioner on the supernumerary post.

3.

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

4.

In case, respondents want to take action against the petitioner of placing the petitioner on supernumerary post or otherwise, then notice shall

(2) 943-wp-3669-2021 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 proceedings expeditiously and preferably within a period of three months.

6.

The petitioner shall appear before the Committee on 17.03.2021.

7.

Writ Petition accordingly disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2021