Supriya Pralhad Bhutte v. The State Of Maharashtra And Others

4-WPst.12195-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION [STAMP] NO.12195 OF 2020 Supriya d/o. Pralhad Bhutte ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents AND WRIT PETITION [STAMP] NO.12261 OF 2020 Nitin s/o. Balajirao Parodwad ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents ---- Mr.C.R.Thorat, Advocate for petitioners Mr.S.R.Yadav, AGP for respondents ---- CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : JULY 23, 2020 PER COURT :- It is submitted that validation proceedings in respect of the tribe claim of the petitioners are pending with the scrutiny committee. The same is not yet decided.

4-WPst.12195-2020 2.

It is further submitted by learned Counsel for the petitioners that without issuing notice to the petitioners and without hearing them, the respondents have placed the petitioners on supernumerary posts.

3.

As the impugned action is without issuing notice to the petitioners and without hearing them, we quash and set aside the impugned action.

4.

In case the respondents want to take action against the petitioners of placing them on supernumerary posts or otherwise, then notice shall be issued to the petitioners giving them opportunity to show cause. In that event, the petitioners can file reply and bring all the relevant facts to the notice of the respondent - Committee.

5.

Respondent no.2/Committee shall decide the validation proceedings in respect of the tribe claim of the petitioners expeditiously and preferably,

4-WPst.12195-2020 within a period of none (09) months from the date of receipt of this order. The petitioners shall cooperate in expeditious disposal of the proceedings. 6.

The petitions shall appear before the Committee on 24.08.2020.

7.

In the light of the above, the Writ Petitions stand disposed of. No costs.

[R.G. AVACHAT, J.] [S.V. GANGAPURWALA , J.] kbp