Birbal Shrirang Sonune v. The State Of Maharashtra And Others

1 32-wp 6443-2020+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 WRIT PETITION NO. 6443 OF 2020 Sandip Dadarao More .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Deepak D. Chaudhari and Ramesh B. More, Advocates for the Petitioner.

Mrs. M. A. Deshpande, Addl. G. P. for Respondents/State. 39 WRIT PETITION NO. 6450 OF 2020 Birbal Shrirang Sonune .. Petitioner

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The State of Maharashtra and others .. Respondents Mr. Deepak D. Chaudhari and Ramesh B. More, Advocates for the Petitioner.

Mr. A. B. Chate, A. G. P. for Respondents/State. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 21st SEPTEMBER, 2020.

PER COURT:- .

The learned Addl. G. P. and learned A.G.P. in respective matters accept notice for all the respondents.

2.

It is submitted that the validation proceeding in respect of the tribe claim of petitioners is pending with the scrutiny committee, the

2 32-wp 6443-2020+.odt same is not yet decided.

3.

Without issuing notices to petitioners, the respondents have placed the petitioners on the supernumerary posts. 4.

As the impugned order is without notices to the petitioners, we quash and set aside the impugned order.

5.

In case, the respondents want to take action against the petitioners of placing the petitioners on supernumerary posts or otherwise, then notices shall be issued to the petitioners giving to show cause. In that event, the petitioners 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 petitioners.

7.

In case, the normal hearing commences, the petitioners shall appear before the committee on 26.10.2020.

8.

In light of the above, writ petitions are disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.