Uddhav Manikrao Pitale v. State Of Maharashtra Through Secretary And Others

1 984-wp 14150-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14150 OF 2021 Uddhav Manikrao Pitale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sagar S. Phatale, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 15th DECEMBER, 2021.

PER COURT:- .

The learned A.G.P. accepts notice for all respondents. 2.

It is submitted that validation proceedings in respect of the tribe claim of the petitioner is pending with the scrutiny committee, the same is not decided.

3.

Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post. 4.

It is observed that earlier also directions were given to the committee to decided the validation proceeding within a period of six

(06) months under order dated 23.04.2021 in Writ Petition No. 6223 of

2 984-wp 14150-2021.odt 2021. The same is not decided. The petitioner is again placed on supernumerary post.

5.

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

6.

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

7.

The committee shall decide the validation proceeding expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner.

8.

The petitioner shall appear before the committee on 28.12.2021, if the circumstances so permit.

9.

Writ petition is disposed of. No costs.

( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.