Anil Rajesing Thakur vs The State Of Maharashtra And ...

Citation : 2022 Latest Caselaw 571 Bom
Judgement Date : 17 January, 2022

Bombay High Court
Anil Rajesing Thakur vs The State Of Maharashtra And ... on 17 January, 2022
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
                                      1                33-WP-550-2022

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        33 WRIT PETITION NO.550 OF 2022

                               ANIL RAJESING THAKUR

                                     VERSUS

                      THE STATE OF MAHARASHTRA
                                 AND OTHERS
                                        ...

Advocate for Petitioner : Mr M.L. Paithane h/f Mr M.A. Golegaonkar AGP for Respondent No.1-State : Mr A.R. Kale CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, J.J.

                                  DATE    : 17th JANUARY, 2022


 PER COURT :

1. The present order ought not to have been passed in view of the earlier order passed by this Court dated 20.02.2020 in Writ Petition No. 2980 of 2020 filed by the present petitioner, similar notices were quashed and set aside. The same was quashed and set aside on the ground that the impugned order is without issuing show cause notice to the petitioner and without hearing the petitioner. The same mistake has been committed by the authority again.

2. In light of that, the impugned order is quashed and set aside. The respondents shall not place the petitioner on supernumerary post only on the ground that validation proceeding is pending. The employer may take further course of action depending upon the judgment that will be delivered by the committee in the validation proceeding. ::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:23:39 :::

2 33-WP-550-2022

3. The petitioner shall appear before the Committee on 14 th February, 2022. The Committee shall thereafter decide the proceedings expeditiously and preferably on its own merits within a period of six months.

4. The writ petition is disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta ::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:23:39 :::