Shri Sunil Tanaji Madane v. The State Of Maharashtra Through The Principal Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8443 OF 2014 Shri Sunil Tanaji Madane .... Petitioner vs The State of Maharashtra and others .... Respondents Mr.Vijay Killedar, for the petitioner.

Mr.V.N.Sagare, AGP for respondents No. 1 to 3. Mr.Siddharth S.Gadve, for respondent No.4.

CORAM:

ANOOP V. MOHTA AND A. A. SAYED, JJ.

DATE : September 22, 2015 ORDER:

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Rule. Rule is made returnable forthwith.

Heard finally, by consent of the parties.

2.

We are inclined to dispose of the present Writ Petition as admittedly before revoking the earlier order of approval by the impugned order dated 07/08/2014, no show cause notice and/or any kind of hearing was given by respondent No.3. This is not the case of obtaining appointment by playing fraud and/or by misleading and/or by furnishing fabricated documents about qualifications and experience & as nothing is reflected even in the 1/3

upi 2 impugned order. Respondent No.3 without following the provisions of law and without hearing, reviewed its own order which is, prima facie, also not permissible for want of specific provision of review. Therefore, in the interest of justice, by keeping all points open, we are inclined to quash and set aside impugned order dated 07/08/2014 with liberty to concerned respondents to issue show cause notice and pass reasoned order after hearing the petitioner by concerned officer.

3.

Rule is made absolute accordingly. No costs. (A. A. SAYED, J.) (ANOOP V. MOHTA, J.) 2/3

upi 3 CERTIFICATE Certified to be true and correct copy of the original signed Judgement/Order.

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