Swapnil Gopal Thakur v. The State Of Maharashtra And Others

WP 2478/13 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2478/2013 Swapnil Gopal Thakur.

...Petitioner..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri S.R. Barlinge, Advocate for petitioner.

Shri S.B. Yawalkar, AGP for respondent nos.1 & 2. Shri Dhananjay Deshpande, Advocate for respondent no.3. .....

CORAM: S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE: 27.07.2017 ORDER :

1] For the reasons we have set out in our judgment dated 24.7.2017 in Writ Petition No.4575/2012 and the controversy in the present petition being identical, this writ petition succeeds.

2] The order of the scrutiny committee is quashed and set aside. The certificate of validity be issued to the petitioner within a period of six weeks from the date of receipt of copy of this order.

WP 2478/13 - 2 - 3] Let the petitioner rely upon the certificate of validity as and when received to seek the relief of quashing and setting aside the termination order. It would be entirely for the employer to then consider such a request in accordance with law.

3] The petition is disposed of accordingly. No costs. (MANGESH S. PATIL, J.) (S.C. DHARMADHIKARI, J.) ndk/c2771713.doc