Baburao Eknath Kunthewad vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 10019 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD


                   1045 WRIT PETITION NO.7955 OF 2021

BABURAO EKNATH KUNTHEWAD                                        .. Petitioner
          VERSUS
THE STATE OF MAHARASHTRA
THR ITS SECRETARY AND OTHERS                    .. Respondents
                                 ...
      Advocate for Petitioner : Mr Ghanshyam K. Chinchole
      Addl. GP for Respondents/ State : Mrs M.A. Deshpande
                                 ...

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

DATE : 30-07-2021 PER COURT : -

1. The learned AGP, on instructions, confirms that the

validation proceedings in respect of the caste claim of the petitioner is

pending with the Respondent / Committee and the report of the

vigilance is awaited. The petitioner cannot be faulted with for the

pendency of the proceedings before the Committee.

2. It is the fault of the Committee in not adhering to the

stipulation in the earlier order dated 20-01-2021 passed by this Court

in Writ Petition bearing No.1053 of 2021 filed by the petitioner

against the order placing the petitioner on supernumerary post.

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3. In fact, the present order ought not to have been passed in

view of the earlier order passed by this Court.

4. The impugned order placing the petitioner on

supernumerary post is quashed and set aside.

5. The petitioner shall appear before the Committee on

23-08-2021.

6. The Committee shall decide the validation proceedings

within six months from the date of appearance of the petitioner.

7. The Committee shall adhere to the time stipulation of the

present order and decide the proceedings on its own merits. If the

proceedings are not decided within the stipulated period as observed

by this Court, then we would take serious view of the matter as this is

a second time we are passing the order for the same purpose.

8. The respondents may not take any further steps as against

the petitioner and also not deduct the salary of the petitioner only on

the ground that the validation proceedings is pending. The employer

may take further course of action depending upon the Judgment that

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would be delivered by the Committee in the validation proceedings.

9. Writ Petition is accordingly disposed of. No costs.

   [ R.N. LADDHA ]                              [ S. V. GANGAPURWALA ]
        JUDGE                                            JUDGE
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