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Bombay High CourtWP/486/2018disposed off

Shivaji Parsu Kamble , v. State Of Maharashtra Through Ministry Of Rural Development And ANR

2018-02-20Hon'Ble Shri Justice Rajesh G. Ketkar,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

35-wp-486-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.486 OF 2018 Shivaji Parsu Kamble

...Petitioner

vs.

State of Maharashtra and Another

...Respondents

Mr. V.S. Kapse, for the Petitioner Mr. R.D. Rane, for the Respondent No. 2.

Mr. Sandeep Babar, AGP for the Respondent-State. CORAM : SHANTANU KEMKAR & R.G. KETKAR, JJ.

DATE :

FEBRUARY 20, 2018 P.C.:

.

Challenging the order dated 2nd January, 2018 (Exhibit "E") by which the Chief Executive Officer, Zilla Parishad, Kolhapur has transferred the Petitioner who was working as "Village Development Officer" Panchayat Samiti, Hatkanangale to Panchayat Samiti, Kagal, the Petitioner has filed this Petition. 2.

On the last date of hearing, the learned counsel for the Petitioner made oral request that if the Petitioner is allowed to continue for three months at the present place of posting i.e. at Hatkanangale, he has no grievance to join the transferred place at Panchayat Samiti, Kagal.

3.

In pursuance of this request, the learned counsel for Vishal Parekar 1/2

35-wp-486-2018.doc the Respondent No. 2 placed on record the order dated 3rd February, 2018 passed by the Chief Executive Officer, Zilla Parishad, Kolhapur accepting the said request and allowing the Petitioner to continue at Hatkanangale for three months i.e. upto April, 2018.

4.

The learned counsel for the Petitioner submits that in the said order dated 3rd February, 2018 there is mention that the Petitioner will be given "vdk;Zdkjh" work which reflects that this is a punitive action against the Petitioner.

5.

To this the learned counsel for the Respondent No. 2 submits that it is not a punitive order but mentions that the Petitioner will be given office work for three months taking into consideration the administrative reasons.

6.

In view of the aforesaid, we dispose of the Petition in terms of the said order dated 3rd February, 2018. 7.

The Petitioner to join at the transferred place i.e. Panchayat Samiti, Kagal from the next working day after 30th April, 2018.

8.

The Petition is disposed of.

(R.G.KETKAR, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2