Umesh Krishna Thakur v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO. 3320 OF 2020 UMESH KRISHNA THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Chaudhari Deepak D. AGP for Respondents : Mr. S. G. Karlekar ...

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

DATE: 27th FEBRUARY, 2020 PER COURT:

1.

The learned Assistant Government Pleader accepts notice for all the respondents.

2.

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

3.

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

4.

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

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In case, the respondents want to take action against the petitioner of placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner giving to show. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondent-Committee.

6.

The Committee shall decide the validation proceeding expeditiously and preferably within a period of three (03) months from the date of appearance of the petitioner.

7.

The petitioner shall appear before the Committee on 26.03.2020.

8.

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

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