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Bombay High CourtWP/6586/2020disposed off

Dnyaneshwar Laxman Dhondge v. The State Of Maharashtra And Others

2020-12-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6586 OF 2020 DNYANEHWAR LAXMAN DHONGDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. A.V.Indrale Patil h/for Mr.Jadhavar Pratap V., Advocate for the petitioner, Mr. A. B. Chate, AGP for the respondents State Mr. Bhausaheb Deshmukh, Advocate for respondent No.4.

CORAM

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

DATE : 16th December, 2020 ORDER:

1.

Heard learned Counsel for the petitioner and the learned A.G.P. for respondents/State 2.

The petitioner has been placed on supernumerary post. The order placing the petitioner on supernumerary post is issued without notice to the petitioner and without hearing the petitioner. The same is violative of principles of natural justice.

3.

In the light of the above, the impugned order is quashed and set aside. The respondents shall not take any further action pursuant to the impugned order, without issuing notice to the petitioner and without hearing the petitioner.

4.

In view of the above, the writ petition is disposed of. No costs. 5.

The Scrutiny Committee may endeavour to decide the validation proceedings expeditiously and preferably, within a period of six months from the date of appearance of the petitioner. 6.

The petitioner shall appear before the Committee on 18.01.2021. (SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) JPC