Santosh Bhaurao Putwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 9706 Bom

                                                               42WP7992
                                        1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       42 WRIT PETITION NO. 7992 OF 2021

                       SANTOSH BHAURAO PUTWAD
                                VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS

                    Advocate for Petitioner : Mr. S.M. Vibhute.
                     AGP for Respondents : Mr. A.S. Shinde.

                                     CORAM : S.V. GANGAPURWALA &
                                             R.N. LADDHA, JJ.
                                     DATED : 26.07.2021


 PER COURT :

          The petitioner is placed on supernumerary post. A show cause

 notice is issued to the petitioner.



 2.       Earlier also the petitioner was placed on supernumerary post.

 The petitioner filed Writ Petition bearing No. 6066/2021. This court

 directed the committee to decide the validation proceedings within

 six months. The show cause notice was quashed.



 3.       It appears that the six months has lapsed. Again a fresh show

 cause notice is issued to the petitioner as to why action should not be

 taken against the petitioner for non submission of the validity

 certificate.




::: Uploaded on - 29/07/2021                     ::: Downloaded on - 23/09/2021 11:15:29 :::
                                                                 42WP7992
                                         2

 4.       To get the proceedings decided within the stipulated period is

 not in the hands of the litigant. The learned counsel submits that

 vigilance is not yet conducted.          Unless and until the vigilance is

 conducted, the petitioner has no role to play in deciding the

 validation proceedings.



 5.       It is failure on the part of scrutiny committee to decide the

 validation proceedings within the period stipulated by this Court in its

 order dated 08.09.2020 in its Writ Petition No. 6066/2020.                       The

 petitioner cannot be faulted with.



 6.       In the light of the above, we pass the following order :

                                       ORDER

i. The impugned show cause notice is quashed and set aside.

ii. The employer shall not take adverse action against the

petitioner only on the ground that the validation proceeding is

pending.

iii. The petitioner shall appear before the committee on

10.08.2021.

42WP7992

iv. The committee shall endeavor to decide the proceedings within

a period of six months.

v. Twice we have issued the directions to the committee to decide

the proceeding within the stipulated period. The committee has

failed to decide it. Now if the committee fails to decide the

proceedings within a period of six months as directed herein, we may

take a serious view of the matter.

vi. The employer will take further course of action depending upon

the judgment that may be delivered by the committee in the

validation proceedings.

vii. Writ Petition is disposed of. No costs.

( R.N. LADDHA, J. ) ( S.V. GANGAPURWALA, J. )

S.P.C.