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Bombay High CourtWP/5706/2020disposed offdismissed for default

Udhhav Trambakrao Nagzare v. The State Of Maharashtra And Others

2020-08-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat2 pages

1 4-wpst 12984-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12984 OF 2020 Udhhav Trambakrao Nagzare .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. O. B. Boinwad, Advocate for the Petitioner. Mr. S. S. Dande, AGP for Respondents/State.

CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 10th AUGUST, 2020.

PER COURT:- .

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 notice to the petitioner, the respondents have placed the 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 quashed and set aside the impugned action.

2 4-wpst 12984-2020.odt 4.

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

5.

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

The petitioner shall appear before the committee on 22.09.2020. 7.

Writ petition accordingly is disposed of. No costs. ( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.