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Bombay High CourtWP/7363/2020disposed off

Prabhu Madhav Mamilwad v. The State Of Maharashtra And Others

2020-10-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(1) 30-wp-7363-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO.7363 OF 2020 PRABHU MADHAV MAMILWAD ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. S. M. Vibhute, Advocate for the Petitioner. Mrs. V. S. Chaudhari, AGP for Respondents-State. ...

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

DATED : 26th OCTOBER, 2020.

PER COURT:- 1.

The learned A.G.P. accepts notice for all respondents.

2.

It is submitted that validation proceeding in respect of the tribe claim of the petitioner is pending with the scrutiny committee, the same is not decided.

3.

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

4.

As the impugned order is without notice to the petitioner, we quashed and set aside the impugned order.

5.

In case the respondents want to take action against the petitioner placing the

(2) 30-wp-7363-2020 petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner giving to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondent-Committee.

6.

The Committee shall decide the validation proceeding expeditiously and preferably within a period of six months.

7.

The petitioner shall appear before the Committee on 01.12.2020, if the circumstances so permit.

8.

Writ Petition is disposed of. No costs (SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/October-2020