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Bombay High CourtWP/6066/2020disposed offdismissed for default

Santosh Bhaurao Putwad v. The State Of Maharashtra And Others

2020-09-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

909-wp-6066-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6066 OF 2020 Santosh Bhaurao Putwad ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. S.M. Vibhute, Advocate for the Petitioner. Mr. P.S. Patil, Addl. G.P. for all the Respondents. ....

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

DATE : 08th SEPTEMBER, 2020 PER COURT:- 1.

We have heard the learned counsel for the petitioner and the learned Addl. G.P. for all the respondents.

2.

The show cause notice is issued to the petitioner as to why the action should not be taken for non submission of the validity certificate. It is submitted that in December 2014, the caste certificate of the petitioner was cancelled. The petitioner applied for issuance of fresh tribe certificate in proper form in May, 2015 and received the tribe certificate in the proper form. He submits that the petitioner has submitted tribe certificate to the committee on 12.05.2015 and since then the validation proceedings is pending.

909-wp-6066-20 3.

Earlier the petitioner was placed on supernumerary post. He filed the Writ Petition No.885/2020. This Court under order dated 15.01.2020, protected the petitioner and directed the committee to decide the validation proceedings of the petitioner within a period of six months. It appears that because of the pandemic and the lockdown, the committee could not decide the same. 4.

Considering the above, we pass the following order:- 5.

The committee shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously and preferably within a period of six months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 28.09.2020.

6.

The impugned show cause notice is quashed and set aside. 7.

The employer may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceedings.

8.

Writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane