Sanjay Popatrao Suryawanshi v. The State Of Maharashtra And Others

1 5-wpst 11230-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 11230 OF 2020 Sanjay Popatrao Suryawanshi .. Petitioner

Versus

The Union of India and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mr. S. B. Deshpande, A. S. G. for Respondent Nos. 1 and 3. Mr. A. S. Shinde, A. G. P. for Respondent No. 2. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 06th JULY, 2020.

PER COURT:- .

The learned counsel for the petitioner submits that validation proceeding is pending since the year 2005. The vigilance is conducted. The petitioner has also filed say to the vigilance in the year 2015 but further hearing is not conducted. The petitioner is promoted in January 2020. The employer is insisting for validity certificate. The employer has also communicated with the committee for deciding the proceeding.

2.

Mr. Deshpande, learned A. S. G. appears for respondent Nos. 1 and 3. We have also heard the learned A. G. P. for respondent No. 2.

2 5-wpst 11230-2020.odt 3.

Considering the fact that, validation proceeding is still pending, we pass the following order.

4.

The respondent No. 2 / committee shall decide the validation proceeding expeditiously, of course, if it has commenced regular functioning. If it has commenced regular functioning, then committee shall decide the proceeding within a period of six (06) months from today. The employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. The employer 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. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.