Madhukar Anandrao Pitle vs The State Of Maharashtra And ...
2022 Latest Caselaw 872 Bom

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                                                                            1207.22WP

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          34 WRIT PETITION NO.1207 OF 2022

                         MADHUKAR ANANDRAO PITLE
                                      VERSUS
                   THE STATE OF MAHARASHTRA & OTHERS
                                         ...
                Advocate for the petitioners : Mr.G.K.Chinchole h/f.
                                 Mr.S.M.Vibhute
                    AGP for Respondent-State : Mr.S.K.Tambe
                                         ...
                              CORAM : S.V.GANGAPURWALA &
                                        S.G.DIGE, JJ.

                                 DATE : 24.01.2022

          P.C. :

          1]               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 AGP accepts notice for the
          respondent - State.


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




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                                                                            1207.22WP



                                         ORDER

The petitioner shall appear before the Committee on 16.02.2022. 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 petitioner shall co- operate in expeditious disposal of the proceeding. 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 above, the Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.]

DDC