Sudam Digambar Chiwale v. The State Of Maharashtra

912-wpst-12507-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12507 OF 2020 Sudam S/o Digambar Chiwale ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. Omgashad B. Boinwad, Advocate for the Petitioner. Mrs. V.S. Chaudhari, A.G.P. for State.

....

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 30th JULY, 2020 PER COURT:- 1.

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

2.

Without issuing notice to the petitioner, the respondents have placed petitioners 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.

912-wpst-12507-20 3.

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

4.

In case, respondents want to take action against the petitioner of placing petitioner on supernumerary posts or otherwise, then notices 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 respondent - committee. 5.

The committee shall decide the validation proceedings expeditiously and preferably within a period of six months. 6.

The petitioner shall appear before the committee on 22.09.2020.

7.

Writ Petition accordingly disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE SPR