Ramesh Datta Birewad v. The State Of Maharashtra Thr Its Secretary And Others

1 927-wp 6163-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6163 OF 2021 Ramesh Datta Birewad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Pratap V. Jadhavar, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondents-State. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 20th April, 2021.

PER COURT:- .

Heard learned Counsel for the petitioner and the learned A.G.P. for respondents/State.

2.

The petitioner has been placed on supernumerary post. The order placing the petitioner on supernumerary post is issued without notice to the petitioner and without hearing the petitioner. The same is violative of principles of natural justice.

3.

In the light of the above, the impugned order is quashed and set aside. The respondents shall not take any further action pursuant to the impugned order, without issuing notice to the petitioner and without hearing the petitioner.

2 927-wp 6163-2021.odt 4.

In view of the above, the writ petition is disposed of. No costs. 5.

The Scrutiny Committee may endeavour to decide the validation proceedings expeditiously and preferably, within a period of six months from the date of appearance of the petitioner. 6.

The petitioner shall appear before the Committee on 30.04.2021. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.