Ganraj Satwaji Kolgane v. The State Of Maharashtra And Others

9-WPst.12254 of 2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION [STAMP] NO.12254 OF 2020 Ganraj s/o. Satwaji Kolgane ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents ---- Mr.S.M.Vibhute, Advocate for petitioner Mr.A.S.Shinde, AGP for respondents ---- CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : JULY 23, 2020 PER COURT :- Issue notice to the respondents. Learned AGP waives notice on behalf of the respondents.

2.

The petition assails the notice dated 21.07.2020 issued by the employer, directing the petitioner to submit validation certificate within thirty days, filing which adverse action would be taken.

9-WPst.12254 of 2020 3.

Learned Counsel for the petitioner submits that the validation proceedings is pending since March, 2020.

4.

It is not in the hands of a litigant to get the proceedings decided within a stipulated period. Moreover, because of the pandemic, the Committee is not functioning regularly.

5.

In view of the above, we pass the following order :- (i) The Committee shall endeavor to decide the validation proceedings expeditiously and preferably, within a period of nine months from the date of appearance of the petitioner.

(ii) The petitioner shall appear before the Committee on 26.08.2020.

(iii) The impugned communication is quashed and set aside.

9-WPst.12254 of 2020 (iv) The employer shall not take adverse action against the petitioner only on the ground that the validation proceedings are pending.

(v) The employer may take further action depending on the order that may be passed in the validation proceedings.

(vi) The Writ Petition stands disposed of accordingly.

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