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Bombay High CourtWP/5625/2020disposed offdismissed for default

Parmeshwar Bhagwan Padale v. The State Of Maharashtra And Others

2020-07-30Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

926-wpst-12574-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12574 OF 2020 Parmeshwar S/o Bhagwan Padale ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. Dipak D. Chaudhari, Advocate for the Petitioner. Mr. S.G. Karlekar, A.G.P. for State.

....

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

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

Learned AGP accepts notice for all the respondents. 2.

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 yet decided.

3.

Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post.

926-wpst-12574-20 4.

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

5.

In case, the respondents want to take action against the petitioner of placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner giving to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondent - Committee. 6.

The Committee shall decide the validation proceeding expeditiously and preferably, within a period of nine (09) months from the date of appearance of the petitioner. 7.

In case, the normal hearing commences, the petitioner shall appear before the committee on 24.08.2020.

8.

In light of the above, writ petitions are disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE SPR