Anil Rajesing Thakur vs The State Of Maharashtra And ...
2022 Latest Caselaw 571 Bom

                                      1                33-WP-550-2022

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        33 WRIT PETITION NO.550 OF 2022

                               ANIL RAJESING THAKUR

                                     VERSUS

                      THE STATE OF MAHARASHTRA
                                 AND OTHERS
                                        ...

Advocate for Petitioner : Mr M.L. Paithane h/f Mr M.A. Golegaonkar AGP for Respondent No.1-State : Mr A.R. Kale

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

                                  DATE    : 17th JANUARY, 2022


 PER COURT :

1. The present order ought not to have been passed in view of

the earlier order passed by this Court dated 20.02.2020 in Writ Petition

No. 2980 of 2020 filed by the present petitioner, similar notices were

quashed and set aside. The same was quashed and set aside on the

ground that the impugned order is without issuing show cause notice to

the petitioner and without hearing the petitioner. The same mistake has

been committed by the authority again.

2. In light of that, the impugned order is quashed and set aside.

The respondents shall not place the petitioner on supernumerary post only

on the ground that validation proceeding is pending. The employer may

take further course of action depending upon the judgment that will be

delivered by the committee in the validation proceeding.

2 33-WP-550-2022

3. The petitioner shall appear before the Committee on 14 th

February, 2022. The Committee shall thereafter decide the proceedings

expeditiously and preferably on its own merits within a period of six

months.

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

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

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