Shaikh Salim Shaikh Ayyub v. The State Of Maharashtra And Others

1 wp 824.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 824 OF 2019 SHAIKH SALIM SHAIKH AYYUB

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Ansari A. N.

AGP for Respondents No. 1 to 4 :

Mr. S. B. Yawalkar ...

CORAM:S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATE: 28th NOVEMBER, 2019 PER COURT:

1.

Amongst the grounds raised by the learned Counsel for the petitioner one of the ground is that the copy of the vigilance report was never served upon the petitioner. The petitioner could not get an opportunity to file say to the vigilance report and put forth his case.

2.

The learned Additional Government Pleader, on going through the record again confirmed that the vigilance report was not served upon the petitioner.

2 wp 824.19 3.

In the light of above, the impugned judgment and order is quashed and set aside. The matter is relegated before the scrutiny committee. The petitioner may appear before the scrutiny committee on 16.12.2019 and obtain the copy of the vigilance report. Thereafter, the petitioner may file say within fifteen (15) days. The petitioner is also permitted to file additional documents on which the petitioner relies. If the additional documents are filed, the scrutiny committee shall consider whether the vigilance is required to be conducted on the additional documents and thereafter decide the validation proceeding on its own merits, expeditiously.

4.

Writ Petition stands disposed of accordingly. No costs.

[AVINASH G. GHAROTE, J.] [S. V. GANGAPURWALA, J.] marathe