Sudhakar Ramdas Gawli vs The State Of Maharashtra And ...
2021 Latest Caselaw 17687 Bom

                                        1                          55-WP-14351-21.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         WRIT PETITION NO. 14351 OF 2021

                      SUDHAKAR RAMDAS GAWLI
                                 VERSUS
            THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
  Advocate for Petitioner : Mr. G.K. Chinchole h/f Mr. Sunil M. Vibhute
          Additional GP for Respondents-State : Mr. P. S. Patil
                                     ...
                                CORAM : S. V. GANGAPURWALA AND
                                           S. G. DIGE, JJ.

                                    DATE    : 20th DECEMBER, 2021
PER COURT :-

1. Heard the learned counsel for the petitioner.

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

3. The contention of the petitioner is that since the year 2013 the validation proceeding in respect of the tribe claim of the petitioner is pending with respondent No. 2. Under the impugned order, the petitioner is placed on supernumerary post. Without issuing notice to the petitioner and affording opportunity of hearing to the petitioner, the petitioner is placed on supernumerary post.

4. As the same is without adhering to the principles of natural justice, the impugned order is quashed and set aside.

5. The petitioner shall appear before the Scrutiny Committee on 04-01-2022. The Committee shall thereafter decide the validation proceeding expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner.

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6. The respondents may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

7. Writ petition is disposed of. No costs.

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


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