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Bombay High CourtWP/6290/2021disposed off

Anil Subhas Parvatewar v. The State Of Maharashtra And Others

2021-04-30Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

( 1 ) wp6290.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO.6290 OF 2021 ANIL SUBHAS PARVATEWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. S. S. Phatale, Advocate for the petitioner Mr. K. N. Lokhande, AGP for respondents/State. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 30-04-2021 PER COURT :- 1.

The learned counsel submits that the petitioner is in service. The tribe claim is pending consideration. The same is not yet decided. Notice is issued by the employer to submit validity certificate, else adverse action would be taken. 2.

The learned AGP accepts notice for respondents and submits that the validation proceeding is pending at the stage of vigilance.

3.

The petitioner shall appear before the Committee on 10/06/2021. The committee shall endevour to decide the said proceeding expeditiously, preferably within six (06) months from

( 2 ) wp6290.21.odt the date of appearance of the petitioner.

4.

The impugned notice dated 30/03/2021 is quash and set aside.

5.

The employer shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. 6.

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

7.

The Writ Petition is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE ssp/wp6290.21.odt