Sarjerao Uttamrao More v. The State Of Maharashtra And Others

1 1-wpst 12968-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12968 OF 2020 Sarjerao Uttamrao More .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Deepak D. Choudhari, Advocate for the Petitioner. Mr. S. B. Yawalkar, Addl. G. P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 10th AUGUST, 2020.

PER COURT:- .

The learned Additional Government Pleader accepts notice for all the respondents.

2.

It is submitted that the validation proceeding in respect of the tribe claim of 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. 4.

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

2 1-wpst 12968-2020.odt 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 petition is disposed of. No costs. ( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.