Revata Hanmantu Samalwar v. The State Of Maharashtra Through Its Secretary And Others

1 wp 9632.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 WRIT PETITION NO.9632 OF 2021 REVATA HANMANTU SAMALWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner:

Mr. G. K. Chinchole h/f. Mr. Vibhute Sunil M. AGP for Respondents/State: Mr. S. W. Mundhe ...

CORAM:S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE: 31st AUGUST, 2021 PER COURT:

1.

The learned A.G.P. accepts notice for the 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.

2 wp 9632.2021 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 her to show 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 (06) months.

6.

The petitioner shall appear before the Committee on 22.09.2021, if the circumstances so permit.

7.

Writ Petition is accordingly disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe