Dhananja Asaram Kanke vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 10115 Bom

                                   1                               wp 8191.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

                26 WRIT PETITION NO.8191 OF 2021

                 DHANANJAY ASARAM KANKE
                          VERSUS
    THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
                        AND OTHERS
                           ...
                Advocate for Petitioner:
     Mr. G. K. Chinchole h/f. Mr. Vibhute Sunil M.
        AGP for Respondents: Mr. P. K. Lakhotiya
                           ...

                               CORAM: S. V. GANGAPURWALA &
                                      R. N. LADDHA, JJ.

                               DATE:    02nd AUGUST, 2021

 PER COURT:

1. The learned A.G.P. accepts notice for all the

respondents.

2. The petitioner is placed on supernumerary

post for the second time. Initially, the

petitioner was placed on the supernumerary post.

The petitioner assailed the same by filing Writ

Petition Stamp No. 10849 of 2020. This Court under

its judgment and order dated 23.06.2020 allowed

the said writ petition setting aside the order

placing the petitioner on supernumerary post. In

the said order, this Court directed the committee

2 wp 8191.2021

to decide the proceeding within a period of six

(06) months. It appears that as the proceeding is

not decided within a period of six (06) months,

the impugned order placing the petitioner on

supernumerary post has been passed.

3. To get the proceeding decided within a

stipulated period is not in the hands of the

litigant. The learned Counsel for the petitioner

submits that vigilance is not yet conducted. Until

the vigilance is conducted the petitioner has no

role to play in the proceeding before the scrutiny

committee.

4. In light of that, we pass the following

order.

5. The impugned order is quashed and set aside.

6. The respondent / scrutiny committee shall

decide the validation proceeding of the petitioner

within a period of six (06) months from the date

the petitioner appears before the scrutiny

committee.

                                      3                               wp 8191.2021

 7.       The        petitioner          shall    appear         before          the

scrutiny committee on 24.08.2021.

8. The employer may take further course of

action depending upon the judgment that will be

delivered by the scrutiny committee in the

validation proceeding.

9. Writ Petition is accordingly disposed of. No

costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

marathe