Sanjesh Devidas Thakur v. The State Of Maharashtra And Others

1 949-wp 12108-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12108 OF 2021 Sanjesh Devidas Thakur .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Digambar B. Shinde, Advocate for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 28th October, 2021.

PER COURT:- .

The learned counsel for the petitioner submits that the validation proceeding in respect of the tribe claim of the petitioner is pending. The petitioner is placed on supernumerary post only on the ground that validity certificate is not submitted.

2.

The learned A.G.P. accepts notice for all respondents. 3.

It is not in the hands of the litigant to get the proceeding decided within the stipulated period.

4.

The impugned action is taken without notice to the petitioner and without hearing the petitioner.

2 949-wp 12108-2021.odt 5.

Considering the fact that, the validation proceeding is pending, we pass the following order.

6.

The petitioner shall appear before the committee on 01.11.2021. The committee shall thereafter endeavour to decide the proceeding expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner.

7.

The impugned communication is quashed and set aside. 8.

If the respondents want to take any action against the petitioner, first the notice may be issued to the petitioner. 9.

Writ petition is disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.