Shri. Annasaheb Narsu Quane And ORS. v. The State Of Maharashtra Through Its. Chief Secretay And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8945 OF 2015 Annasaheb N. Quane and ors.

..Petitioners Vs The State of Maharashtra and ors.

..Respondents Mr. Manoj A. Patil for the Petitioners.

Mr. V.P. Malvankar, AGP for the Respondent Nos.1 to 5. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 13, 2017.

P.C. :

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Not on board. In view of urgency, taken on board. 2] Challenging the decision dated 8th August 2012 passed by respondent No.1 High Power Committee (HPC), thereby the proposal sent by petitioner No.1 for grant of approval of petitioner Nos. 4 to 8 on the post of peons has been rejected, the petitioners have filed this petition.

3] According to learned counsel for the petitioners, the impugned order is non-speaking order and there is no consideration of the recommendations made by the various authorities of the State Government in favour of the said proposal.

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2 p-505-wp-8945-15.sxw 4] Having gone through the impugned order, we find that the proposal submitted by petitioner No.1 has been rejected merely by observing that "proposal is rejected". No reasons have been assigned for rejection of the proposal. Thus the order is a non-speaking order. 5] In the circumstances, we are inclined to allow this petition by quashing the impugned order dated 8th August 2012 by directing the Competent Authority of respondent - State to consider the said proposal afresh and pass reasoned order, keeping in view of the recommendations submitted by various authorities in favour of the said proposal.

6] We expect the Competent Authority shall pass a speaking order as expeditiously as possible, but not later than three months from the date of appearance of the authorised representative of petitioner No.1 before the Committee.

7] The said representative to appear before the Competent Authority on 27th July 2017 at 11.00 a.m..

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3 p-505-wp-8945-15.sxw 8] Before taking the decision as aforesaid, opportunity of hearing be given to the authorised representative of petitioner No.1. 9] With aforesaid directions, this writ petition is disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) 3/3