Quashed

Shankar Kamaji Patait v. the State of Maharashtra and Others

Bombay HC25 Nov 2020WP/7765/2020

Case brief

AI extract

What is this about?

The High Court quashed orders placing the petitioner on a supernumerary post without issuing a notice, violating principles of natural justice. It directed the authorities to issue a show-cause notice expeditiously and decided the validation proceeding within six months.

What did the court decide?

Impinged orders quashed; notice issued to petitioner to file reply; validation proceeding to be decided within 6 months.

Shankar Kamaji Patait Vs the State of Maharashtra and… — Service and Employment | Bombay HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 7765 OF 2020

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Shankar Kamaji Patait

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.. Petitioner

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Versus

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The State of Maharashtra and others

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.. Respondents

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Mr. Sagar S. Phatale, Advocate for the Petitioner.
Mr. K. N. Lokhande, AGP for Respondents-State.

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CORAM : S. V. GANGAPURWALA &
R. G. AVACHAT, JJ.

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 DATED : 25th NOVEMBER, 2020.

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PER COURT:-

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. The learned A.G.P. accepts notice for all respondents.

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2. It is submitted that validation proceeding in respect of the tribe

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claim of the petitioner is pending with the scrutiny committee, the
same is not decided.

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3. Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post.

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4.As the impugned orders are without notice to the petitioner, we
quash and set aside the impugned orders.

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5.In case the respondents want to take action against the
petitioners placing the petitioners on supernumerary post or otherwise,
then notice shall be issued to the petitioner giving to show cause. In
that event, the petitioner can file reply and bring all the relevant facts
to the notice of the respondent-committee.

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6. The committee shall decide the validation proceeding expeditiously and preferably within a period of six (06) months.

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7. The petitioner shall appear before the committee on 22.12.2020, if the circumstances so permit.

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8. Writ petition is disposed of. No costs.

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( R. G. AVACHAT )( S. V. GANGAPURWALA )
 JUDGE JUDGE

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P.S.B.

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Shankar Kamaji Patait v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shankar Kamaji Patait v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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