Jayshri Murlidhar Bramhane vs The State Of Maharashtra And ...
2022 Latest Caselaw 672 Bom

                                      1                              wp 592.22

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                       WRIT PETITION NO. 592 OF 2022

          Jayshri Murlidhar Bramhane                   ..   Petitioner

                   Versus

          The State of Maharashtra and others          ..   Respondents

 Shri Sunil M. Vibhute, Advocate for the Petitioner.
 Shri S. B. Yawalkar, Add.G.P. for Respondent Nos. 1 to 5.

                           CORAM :    S. V. GANGAPURWALA AND
                                      SHRIKANT D. KULKARNI, JJ.
                               DATE : 18TH JANUARY, 2022.

 FINAL ORDER :

 .        The learned counsel for the petitioner submits that, in the
 present matter validation proceeding is pending. The employer
 has issued show cause notice to the petitioner to produce validity
 certificate, else adverse action would be taken and the petitioner
 would be placed on supernumerary post.


 2.       The learned Additional Government Pleader accepts notice
 for all respondents.


 3.       Considering the fact that, the validation proceeding is
 pending with the Committee, we pass the following order.


                                     ORDER

The Petitioner shall appear before the Committee on

2 wp 592.22

15.02.2022. The Respondent/committee shall endeavour to decide the validation proceeding on it's own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The impugned order is quashed and set aside. The employer may not take adverse action against the petitioner only on the ground that the validation proceeding is pending. Of course, the employer may take further course of action depending upon the judgment that may be delivered in the validation proceeding.

4. In the light of the above, the writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 22