Mohan Vithoba Rode vs The State Of Maharashtra And ...
2021 Latest Caselaw 2005 Bom

                                                              927-wp-7864-20
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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 7864 OF 2020

 Mohan Vithoba Rode                            ... Petitioner.

          Versus

 The State of Maharashtra
 and others                                    ... Respondents.

                                      ....

 Mr. P.V. Jadhavar, Advocate for the Petitioner.
 Mr. A.R. Kale, A.G.P. for Respondent Nos. 1 and 2.

                                      ....

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

DATE : 30th JANUARY, 2021

PER COURT:-

1 Though the respondent Nos. 3 and 4 are served, none appears

for them.

2. Mr. Jadhavar, learned counsel for the petitioner submits that

the validation proceeding is pending with the committee. The

employer has issued show cause notice directing the petitioner to

produce validity certificate or else the service of the petitioner would

be terminated.

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3. It is submitted that the vigilance is not yet conducted by the

committee. Unless the vigilance is conducted, the petitioner has no

role to play in getting the validation proceeding decided.

4. In light of that, we pass the following order.

5. The respondent No.2 / Committee shall decide the validation

proceeding in respect of the tribe claim of the petitioner expeditiously

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

appearance of the petitioner. The petitioner shall appear before the

committee on 15.02.2021.

6. The petitioner shall cooperate in expeditious disposal of the

validation proceeding.

7. The impugned notice is quashed and set aside. The respondent

Nos. 3 and 4 shall not take adverse action against the petitioner only

on the ground that the validation proceeding is pending. The

employer may take further course of action depending upon the

judgment that would be delivered on the validation proceeding of the

petitioner. The writ petition is disposed of. No costs.

 ( SHRIKANT D. KULKARNI )                       ( S.V. GANGAPURWALA )
         JUDGE                                           JUDGE

 S.P. Rane


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