Namdev Laxman Sanindane Thakur v. The State Of Maharashtra And Others

1 wp 2300.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2300 OF 2018 Namdev Laxman Sanindane (Thakur) .. Petitioner

Versus

State of Maharashtra and others .. Respondents Shri D. B. Shinde h/f Shri Mahesh S. Deshmukh, Advocate for the Petitioner.

Mrs. A. V. Gondhalekar, Addl. G. P. for Respondents. CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 26 th February, 2018 PER COURT :

1.

The Advocate for the petitioner submits that, validation proceeding is pending since - 2011. The committee has not yet decided it nor even vigilance report is served upon the petitioner. The learned advocate further submits that the employer has issued notice, asking the petitioner to produce validity certificate or else disciplinary action would be taken upon the petitioner. 2.

Learned A.G.P. accepts notice for all respondents and submits that, in case the validation proceeding is not decided,

2 wp 2300.18 then the committee would decide on its own merits. 3.

Considering the fact that validation proceeding is pending, we pass the following orderORDER I] The respondent No. 3 - committee, shall decide the validation proceeding in respect of the tribe claim of the petitioner expeditiously and preferably within a period of four (4) months from the date of appearance of the petitioner.

II] The petitioner shall appear before the committee on 12th March, 2018.

III] The respondent No. 2 - employer, shall not take adverse action against the petitioner only on the ground that validation proceeding is pending.

4.

The writ petition is accordingly disposed of. No costs. [A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe