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Bombay High CourtWP/1650/2022disposed off

Sanjay Dhirajsing Hajare v. The State Of Maharashtra And Others

2022-02-14Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

(1) 11-wp-1650-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1650 OF 2022 SANJAY DHIRAJSING HAJARE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Tarek Mobin H. Shaikh, Advocate for the Petitioner.

Mr. S. P. Tiwari, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 14th FEBRUARY, 2022.

PER COURT:- 1.

We have heard learned counsel for the petitioner.

2.

The learned counsel for the petitioner submits that, as per the provisions of the Service Booklet, the extension of probation period beyond two years can be granted for genuine medical condition and for which the approving authority is DMD and CDO. The petitioner has given representation for the said purpose. The learned counsel further submits that, the petitioner is 80% handicap.

3.

We do not find any provision which states that after termination of the service the application can be considered. The petitioner is

(2) 11-wp-1650-2022 terminated from the service on 05.01.2022. In view of that, it would not be possible to issue any such directions.

4.

The learned counsel for the petitioner submits that, petitioner be given liberty to challenge the termination order.

5.

It is for the petitioner to take up the proceedings as may be permissible under law to challenge the termination on the grounds available to him.

6.

Writ Petition accordingly disposed of. No costs.

(S. G. DIGE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2022