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Bombay High CourtWP/7019/2020disposed off

Ankush Raghunath Ingle v. The State Of Maharashtra And Others

2020-10-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(1) 77-wp-7019-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 77 WRIT PETITION NO.7019 OF 2020 ANKUSH RAGHUNATH INGLE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

..RESPONDENTS ...

Mr. D. D. Choudhari, Advocate for the Petitioner. Mr. S. R. Yadav Lonikar, AGP for Respondents-State. ...

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

DATED : 16th OCTOBER, 2020.

PER COURT:- 1.

The learned counsel submits that the validation proceeding in respect of the caste claim of the petitioner is pending since May 2018. The same is not yet decided. The employer has issued notice to the petitioner to submit validity or else action would be taken against the petitioner. 2.

The learned counsel submits that vigilance is not yet conducted.

3.

The petitioner would not have any role to play in the validation proceeding unless and until the vigilance is conducted. It is not in the hands of the litigants to get the proceedings decided within the stipulated period.

4.

In light of that, we pass the following order:

(2) 77-wp-7019-2020

ORDER

i.

The impugned notice is quashed and set aside.

ii.

The Committee shall decide the validation proceeding in respect of the caste claim of the petitioner expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner.

iii.

The petitioner shall appear before the Committee on 04.11.2020.

iv.

The employer shall not take any adverse action against the petitioner only on the ground that the validation proceeding is pending.

v.

The employer may take further course of action against the petitioner depending upon the judgment that would be delivered by the Committee in the validation proceeding.

5.

Writ Petition is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/October-2020