Bhagwat S/O Ratan Bighot v. The State Of Maharashtra Thr. Secretary Health And Family Welfare Dept. And ORS
Trupti 1 18-ia-9861-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6175 OF 2022 WITH INTERIM APPLICATION NO. 9861 OF 2022 IN WRIT PETITION NO. 6175 OF 2022 Bhagwat S/o. Ratan Bighot ...
Petitioner
Versus
The State of Maharashtra & Ors.
...
Respondents .....
Mr.Vaibhav Pawar h/f. Mr. S.S. Tope for the Petitioner. Mr. A.P. Vanarase, AGP for the State.
......
CORAM :
NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.
DATE :
15 NOVEMBER 2022 P.C. :
Heard the learned Counsel for the parties.
2.
The Petitioner has sought two reliefs. Firstly, a show cause notice issued to the Petitioner by Respondent No.3 with a prayer not to take any adverse action against the Petitioner and secondly, a direction to Respondent No. 5- Scrutiny Committee to decide the caste claim proposal of the Petitioner as early as possible. The interim application taken out by the Petitioner to place on record that pursuant to the show cause notice, action is taken against the Petitioner.
Trupti 2 18-ia-9861-2022.doc 3.
The Petitioner is a government servant working with Respondent No.3- Deputy Director, Health Services, Pune Circle. Therefore, the forum for the Petitioner in respect of the service disputes is the Administrative Tribunal, which is the Court of first instance as per constitutional scheme. In spite of this clear legal position, the petition is filed in this Court. As regards the direction to Respondent No. 5- Scrutiny Committee is concerned, Respondent No.5 is a Scrutiny Committee at Aurangabad.
4.
In light of this position, the petition as presented before us cannot be entertained and is accordingly disposed of. 5.
In view of disposal of the writ petition, the interim application does not survive and is accordingly disposed of. (SHARMILA U. DESHMUKH, J.) (NITIN JAMDAR, J.) Digitally signed by TRUPTI SADANAND BAMNE Date:
2022.11.23 19:03:49 +0530 TRUPTI SADANAND BAMNE