Laxman Gangadhar Pulwad vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 1453 Bom

                                       1                 962-WP-1218-2021

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 1218 OF 2021


Laxman S/o Gangadhar Pupulwad                              ...Petitioner

              Versus

The State of Maharashtra and Ors.                          ...Respondents


Mr G.K. Chinchole, Advocate holding for
Mr S.M. Vibhute, Advocate for Petitioner
Mrs V.S. Choudhari, A.G.P. for Respondent-State

                               CORAM : S.V. GANGAPURWALA AND
                                       SHRIKANT D. KULKARNI, JJ.

DATE : 21st JANUARY, 2021

PER COURT :

1. The learned counsel for the petitioner submits that the

validation proceerding is pending since the year 2017.

2. The employer has issued notice directing the petitioner to

submit the validity certificate within a period of one month, else, the

services of the petitioner would be terminated.

3. The learned counsel for the petitioner submits that the vigilance

is not yet conducted.

4. It is not in the hands of the litigant to get proceeding decided

within a stipulated period more particularly, when the vigilance is not yet

conducted by the Committee.

2 962-WP-1218-2021

5. Considering the above, we pass the following order :-

(i) The respondent No. 2 shall decide the validation proceeding in

respect of the tribe claim of the petitioner preferably within a period of six

months from the date of appearance of the petitioner.

(ii) The petitioner shall appear before the Committee on 16 th

February, 2021.

(iii) The impugned notice is quashed and set aside.

(iv) The employer shall not take adverse action against the

petitioner only on the ground that the validation proceeding is pending.

(v) The employer may take further course of action depending

upon the judgment that would be delivered by the Committee in the

validation proceeding.

6. Writ Petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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