Sanjay Gangadhar Gudlawar vs The State Of Maharashtra And ...
2021 Latest Caselaw 16719 Bom

                                      1                               wp 13270.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

              951 WRIT PETITION NO.13270 OF 2021

                SANJAY GANGADHAR GUDLAWAR
                          VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                            ...
     Advocate for Petitioner: Mr. Vibhute Sunil M.
    AGP for Respondents/State: Mr. S. B. Pulkundwar
                             ...


                                      CORAM:      S. V. GANGAPURWALA &
                                                  R. N. LADDHA, JJ.
                                      DATE:       02nd DECEMBER, 2021


 PER COURT:

 1.       The        learned          Counsel       for     the        Petitioner
 submits          that,        in    the    present       matter       validation
 proceeding             is     pending.       The    employer        has       issued
 show cause notice to the Petitioner to produce
 validity certificate, else adverse action would be
 taken         and      the     Petitioner          would      be      placed         on
 supernumerary post.


 2.       The      learned          A.G.P.    accepts       notice         for      the
 Respondent / State.


 3.       Considering               the    fact     that,    the       validation
 proceeding is pending with the Committee, we pass
 the following order-




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                                      2                                  wp 13270.2021

                                           ORDER

The Petitioner shall appear before the Committee on 09.12.2021. The Respondent / Committee shall endeavour to decide the validation proceeding on it's own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from the date of appearance of the Petitioner. The Petitioner shall co-operate in expeditious disposal of the proceeding. The impugned order is quashed and set aside. The employer may not take adverse action against the Petitioner only on the ground that the validation proceeding is pending. Of course, the employer may take further course of action depending upon the Judgment that may be delivered in the validation proceeding.

4. In the light of above, the Writ Petition is disposed of. No costs.

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

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