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Bombay High CourtWP/5465/2020disposed offdismissed for default

Nanda Vasant Thakur v. The State Of Maharashtra And Others

2020-07-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat2 pages

1 4-wpst 10464-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 10464 OF 2020 Nanda Vasant Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mrs. M. A. Deshpande, Addl. G. P. for Respondent Nos. 1 and 2. Mr. Rahul Pawar, Advocate for Respondent No. 3. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 20th JULY, 2020.

PER COURT:- .

The learned counsel for the petitioner submits that the tribe claim is pending consideration with the committee. The employer has issued notice directing to submit the validity certificate within a period of fifteen (15) days else adverse action would be taken. 2.

The learned Addl. G. P. accepts notice for respondent Nos. 1 and 2. Mr. Pawar, the learned counsel accepts notice for respondent No. 3.

3.

The learned counsel for the petitioner submits that vigilance enquiry is already concluded. The reply is also filed and only final

2 4-wpst 10464-2020.odt hearing is remained.

4.

We have also heard the learned counsel for the respondents. 5.

It appears that the validation proceeding before the committee is in final stage. It is not in the hands of the litigant to conclude the proceeding. Because of the pandemic probably the respondent No. 2 / committee could not proceed with the matter.

6.

Considering the above, we pass the following order. 7.

The impugned order is quashed and set aside. The respondent No. 2 / committee shall endeavour to decide the validation proceeding expeditiously and preferably within a period of three (03) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 10.08.2020. The employer may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding. 8.

Writ petition is disposed of. No costs.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.