Subahsh Baburao Kolakate v. The State Of Maharashtra And Others

1 43-WP-3766-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3766 OF 2020 Subhash Baburao Kolakate

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr Anandsingh S. Bayas, Advocate for Petitioner Mrs M.A. Deshpande, Addl. G.P. for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 9th MARCH, 2020 PER COURT :

1.

It is submitted that, validation proceedings in respect of the tribe claim of the petitioner is pending with the Scrutiny Committee. The same is not yet decided.

2.

The learned counsel for the petitioner submits that, 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 in the year 2013.

3.

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

2 43-WP-3766-2020 4.

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 of giving opportunity to show cause. In that event, the petitioner can fle 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 six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the Committee on 26.03.2020. 6.

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

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