Ramesh Dashrath Ahire Thakur v. Scheduled Tribe Certificate Scrutiny Committee Thr Its Principal Secretary And Another

1 wp 6162.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6162 OF 2021 Ramesh Dashrath Ahire Thakur .. Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee Through its Principal Secretary and another .. Respondents Shri Mahesh S. Deshmukh, Advocate for the Petitioner. Shri A. R. Kale, A.G.P. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

20TH APRIL, 2021.

FINAL ORDER :

.

The learned counsel for the petitioner submits that, the validation proceeding in respect of the tribe claim of the petitioner is pending with the Scrutiny Committee. The same is not decided. 2.

Without issuing notice to the petitioner, the respondent No. 2 has placed the petitioner on the supernumerary post. 3.

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

4.

In case the respondent No. 2 wants to take action against the petitioner of placing him on supernumerary post or otherwise, then

2 wp 6162.21 notice shall be issued to the petitioner giving him an opportunity to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondent No. 2. 5.

The Scrutiny Committee shall decide the validation proceedings expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner before it. The petitioner shall appear before the Scrutiny Committee on 03.05.2021.

6.

The writ petition is accordingly disposed of. No costs. [SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/April 21