Bharat Rajesh Pawar v. The State Of Maharashtra And Others

1 wp st. 12328.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12328 OF 2020 Bharat Rajesh Pawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri K. N. Shermale, Advocate for the Petitioner. Shri A. S. Shinde, A.G.P. for Respondent Nos. 1 to 3. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

27TH JULY, 2020.

FINAL ORDER :

.

It is submitted that validation proceeding in respect of the tribe claim of the petitioner is pending with the scrutiny committee, the same is not decided.

2.

Without issuing notices to the petitioner, the respondents have placed petitioner on the supernumerary post. The proposal is submitted for validation to the committee well within the time as contemplated under circular dated 30.07.2013. 3.

As the impugned action is without notice to the petitioner, we quash and set aside the impugned action.

4.

In case, respondents want to take action against the petitioner of placing petitioner on supernumerary post or

2 wp st. 12328.20 otherwise, then notice shall be issued to the petitioner giving opportunity to show cause. In that event, petitioner can file reply and bring all the relevant facts to the notice of the respondentcommittee. 5.

The committee shall decide the validation proceeding expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. 6.

The petitioner shall appear before the committee on 03.08.2020.

7.

The writ petition accordingly is disposed of. No costs. [SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/July 20