Laxman Balaram Poshetty v. The State Of Maharashtra Through Its Principal Secretary And Others

(1) 937-wp-7531-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7531 OF 2022 Laxman Balaram Poshetty ..Petitioner

Versus

The State of Maharashtra and Ors.

..Respondents ...

Mr. C. R. Thorat, Advocate for the Petitioner. Mr. S. P. Tiwari, AGP for Respondents-State.

...

CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATED : 21st JULY, 2022.

PER COURT:- 1.

The validation claim of the petitioner in relation to 'Mannervarlu', Scheduled Tribe is pending before respondent no.3-Committee since 26.07.2013. An order has been issued on 15.06.2022 by respondent no.3 placing the petitioner on a supernumerary post by maintaining the same salary. Neither a show cause notice was issued to him, nor any opportunity of hearing was granted.

2.

In view of the above, this petition is partly allowed. The order dated 15.06.2022 is quashed and set aside on account of violation of the principles of natural justice and the

(2) 937-wp-7531-2022 petitioner would be continued in service till his claim is decided.

3.

The respondent no.3 shall decide the claim of the petitioner by giving priority to the matter as it is pending from 2013. The vigilance cell inquiry shall be concluded on or before 30.09.2022. Copy of the report would be tendered to the petitioner on or before 15.10.2022. The petitioner would appear before the Kinwat Committee at Aurangabad on 01.11.2022 at 12.00 noon and submit written submissions. The Committee shall deliver it's order on 30.11.2022. The Committee shall not seek extension of time even by a single day.

4.

The respondent no.3 shall not alter the service conditions of the petitioner until 15.12.2022, if the decision of the Committee is adverse to the petitioner.

(ANIL L. PANSARE) (RAVINDRA V. GHUGE) JUDGE JUDGE Devendra/July-2022