Sugriv Shivaji Renewad v. The State Of Maharashtra And Others

1 wp 6104.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 6104 OF 2020 SUGRIV SHIVAJI RENEWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Mr. Boinwad Omgashad B. AGP for Respondents/State: Mr. K. B. Jadhavar ...

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

DATE: 09th SEPTEMBER, 2020 PER COURT:

1.

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 quash and set aside the impugned action.

2 wp 6104.20 4.

In case, respondents wants to take action against the petitioner of placing the petitioner on supernumerary post or otherwise, then notice 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 respondentcommittee. 5.

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

6.

The petitioner shall appear before the committee on 06.10.2020.

7.

Writ Petition stands disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe