Savita Maroti Bhimalwad v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6316 OF 2020 Savita d/o Maroti Bhimalwad

...Petitioner

VERSUS

The State of Maharashtra and Ors.

...Respondents

Mr B. O. Boinwad, Advocate for Petitioner;

Mr S. B. Yawalkar, AGP for Respondents/State CORAM : DIPANKAR DATTA, CJ AND S.V. GANGAPURWALA, J.

DATE : SEPTEMBER 16, 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 petitioner, we quash and set aside the impugned action.

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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 respondent- committee.

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.

(S.V. GANGAPURWALA, J.) (CHIEF JUSTICE) amj