Raju Gajanan Ingale v. The State Of Maharashtra And Others

1 931-WP15002-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15002 OF 2019 Raju Gajanan Ingale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. S. N. Morampalle, AGP for Respondents-State. CORAM : S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 12th DECEMBER, 2019.

PER COURT:- .

The learned counsel for the petitioner submits that the validation proceeding is pending since August 2017. The respondent No. 3 / employer has issued notice to the petitioner to produce validity certificate or else action would be taken against the petitioner. 2.

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

3.

The committee shall decide the validation proceeding in respect of the tribe claim of the petitioner on its own merits, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the

2 931-WP15002-19.odt committee on 26.12.2019.

4.

Till then, impugned notice is quashed and set aside. Till the validation proceeding is decided, the employer shall not take adverse action against the petitioner only on the ground of non submission of validity certificate. The employer may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding.

5.

Writ petition is disposed of. No costs.

( AVINASH G. GHAROTE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.