Amir Khan S/O Dulekhan Patha v. The State Of Maharashtra And Others

WP-7295-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7295 OF 2020 Amir Khan s/o Dulekhan Pathan ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr M.A. Golegaonkar, Advocate for petitioner Mrs M.A. Deshpande, Addl.G.P. for respondents CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 23rd October 2020 PER COURT:

1.

Learned Counsel for the petitioner submits that the validation proceeding in respect of tribe claim of the petitioner is pending with the Committee. The same is not yet decided. Under the impugned communication, the petitioner is placed on supernumerary post. 2.

Learned A.G.P. accepts notice for all the respondents and submits that as the validity certificate is not submitted, the petitioner is rightly placed on supernumerary post.

3.

The petitioner is placed on supernumerary post without notice to the petitioner and without affording opportunity of hearing to the petitioner. The validation proceeding is pending.

4.

The impugned order is quashed and set aside. In case the respondents want to take action against the petitioner on placing him on supernumerary post, then principles of natural justice should be followed.

WP-7295-2020 5.

The petitioner shall appear before the Committee on 24.11.2020. The Committee shall decide the validation proceeding expeditiously and preferably within six months from the date of appearance of the petitioner. 6.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr