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Bombay High CourtWP/8283/2020disposed off

Sunil Gangadhar Kolamwad v. The State Of Maharashtra And Others

2020-12-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

W.P. 8283-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 8283 OF 2020 Sunil s/o Gangadhar Kolamwad .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr G.K. Chinchole, Advocate for petitioner Mr S.N. Kendre, A.G.P. for respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 16th December 2020 PER COURT :

1.

It is submitted that validation proceeding in respect of the tribe claim of the petitioner is pending with the Scrutiny Committee since 2019, the same is not decided.

2.

The employer has issued notice the petitioner to submit validity, unless adverse action would be taken.

3.

To get the proceeding decided within the stipulated period is not in the hands of the litigant. The vigilance is not yet conducted. In light of that, we pass the following order.

4.

The impugned notice is quashed and set aside. 5.

The employer shall not take adverse action against the petitioner only on the ground that validity proceeding is pending. 6.

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

W.P. 8283-2020 7.

The petitioner shall appear before the Committee on 25.1.2021. 8.

Writ Petition disposed of. No costs.

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