Ganesh Dattatraya Thakur vs The State Of Maharashtra And ...
2022 Latest Caselaw 575 Bom

                                        1                     55-WP-5423-2020

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                          55 WRIT PETITION NO.5423 OF 2020


                               GANESH DATTATRAYA THAKUR

                                        VERSUS

                         THE STATE OF MAHARASHTRA
                    THRO PRINCIPAL SECRETARY AND OTHERS
                                     ...

Advocate for Petitioner : Mr K.T. Shirrurkar Addl. G.P. for Respondent Nos. 1 to 3 : Mr P.S. Patil Advocate for Respondent No. 4 : Mr A.G. Vasmatkar

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

                                    DATE    : 17th JANUARY, 2022

 PER COURT :

1. The impugned order placing the petitioner in the supernumerary post

is passed without notice to the petitioner and without hearing the petitioner.

2. It is trite that if any order adverse to the interest of the parties is

passed, the principles of natural justice are required to be adhered to.

3. 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.

4. Writ Petition is disposed of. No costs.

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

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