Sagar Ramdas Padale v. The State Of Maharashtra And Others

W.P. 7415-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7415 OF 2020 Sagar s/o Ramdas Padale ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr D.D. Choudhari Advocate for petitioner Mr S.R. Yadav - Lonikar, A.G.P. for respondents CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 28th October 2020 PER COURT:

1.

The learned Assistant Government Pleader accepts notice for all the respondents.

2.

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

3.

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

4.

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

5.

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 calling him to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondent - Committee.

W.P. 7415-2020 6.

The Committee shall decide the validation proceeding expeditiously and preferably within a period of nine (09) months from the date of appearance of the petitioner.

7.

In case the normal hearing commence, the petitioner shall appear before the Committee on 7.12.2020.

8.

In light of the above, Writ Petition is disposed of. No costs. ( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr