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Bombay High CourtWP/6227/2021disposed off

Digambar Lingram Pentewad v. The State Of Maharashtra And Another

2021-07-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

(1) 1047-wp-6227-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1047 WRIT PETITION NO.6227 OF 2021 DIGAMBAR LINGRAM PENTEWAD ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER..RESPONDENTS ...

Mr. Madhur A. Golegaonkar, Advocate for the Petitioner.

Mr. S. G. Karlekar, AGP for Respondents-State. Mr. N. C. Patil h/f Mr. U. B. Bondar, Advocate for Respondent Nos.3 and 4.

...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 16th JULY, 2021.

PER COURT:- 1.

It is submitted that validation proceeding is pending. The employer has issued notice to the petitioner to submit validity certificate or else service would be terminated. 2.

We have heard Mr. Golegaonkar, learned counsel for the petitioner and Mr. Patil holding for Mr. Bondar, learned counsel for respondent nos.3 and 4.

3.

To get the proceedings decided within a stipulated time is not in the hands of the litigants.

(2) 1047-wp-6227-2021 4.

In light of the above, we pass the following order:

ORDER

a. The impugned show cause notice is quashed and set aside.

b. The petitioner shall appear before the Committee on 30.07.2021.

c. The Committee shall endeavour to decide the proceeding preferably within a period of six

(06) months from the date of appearance of the petitioner before it.

d. The respondents shall not take adverse action against the petitioner only on the ground that validation proceeding is pending.

e. The respondents may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

5.

Writ Petition is disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/July-2021