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Bombay High CourtWP/9372/2012disposed off

Shri. Ashok Bapurao Waghmare And ORS v. The State Of Maharashtra And ORS

2015-01-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Naresh H. Patil2 pages

wp.9372-2012 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9372 OF 2012 Shri Ashok Bapurao Waghmare & Ors.

..Petitioners Vs.

The State of Maharashtra & Ors.

..Respondents.

----- Mr. Mahesh Rawool i/b Mr. A.B. Avhad for Petitioners. Mr. P.P. Kakade, AGP for Respondent Nos.1 to 3. Mr. Rohit Sakhadeo for Respondent No.2.

----- CORAM: NARESH H. PATIL & A.S. GADKARI, JJ.

DATE : 6th January 2015.

P.C.

The Petitioners participated in the selection process against the advertisement issued by the Respondent No.2 dated 2nd February 2010 for the posts of Sales Manager, and AssistantSales Manager. On a complaint addressed to the then Minister of the concerned Department, the State issued certain directions and based on the same, the Corporation stayed further action consequent to the issuance of the appointment letter. The Petitioner contended that the same situation prevails as of on today. Neither the Petitioners have been posting nor enquiry has been completed. The learned AGP placed reliance on the affidavit-in-reply and

wp.9372-2012 submits that the inquiry is going on and as soon as the inquiry is completed, appropriate decision will be taken. The learned Counsel appearing for the Corporation submits that as the State Government issued directions, appropriate action was taken staying further process. In the facts of this case, we find that the Respondent-Authority have taken necessary steps regarding the allegations made by the Petitioners regarding selection process.

Without expressing any opinion on the merits of the allegations made regarding selection process, we direct the State Government to complete the inquiry within 8 weeks from today. In the meanwhile, we direct the Respondent-Authority to take appropriate steps consequent to issuance of the appointment orders in favour of the Petitioners. The Petitioners' posting would be subject to further outcome of the inquiry.

Writ Petition is disposed of.

(A.S. GADKARI, J.) (NARESH H. PATIL, J.)