Balasab Ukandrao Ghorpade v. The State Of Maharashtra And Another

1 wp 6924.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 WRIT PETITION NO. 6924 OF 2020 BALASAB UKANDRAO GHORPADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Mr. Boinwad Omgashad B. AGP for Respondents/State: Mr. S. G. Karlekar ...

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

DATE: 16th OCTOBER, 2020 PER COURT:

1.

It is submitted that after the order is passed by the employer the petitioner has submitted validation proceeding and the same is pending with the scrutiny committee.

2.

Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post.

3.

As the impugned action is without notice to the petitioner, we quash and set aside the impugned action.

2 wp 6924.20 4.

In case, the respondents want 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 02.11.2020.

7.

Writ Petition stands disposed of. No costs.

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