Kondiba Mahadu Nagarwad v. The State Of Maharashtra And Others

1 68-wp 7462-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7462 OF 2020 Kondiba Mahadu Nagarwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Vivek U. Jadhav, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondents-State.

CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 02nd NOVEMBER, 2020.

PER COURT:- .

The learned A.G.P. accepts notice for respondents-State. 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. Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post. 3.

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

4.

In case, the respondents want to take action against the petitioner placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner, calling upon him to show

2 68-wp 7462-2020.odt cause. In that event, the 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 01st December, 2020, if the circumstances so permit. 7.

Writ petition is disposed of. No costs.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.