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Bombay High CourtWP/1597/2015dismissedrule discharged

Sanjay Dayaram Jadhav v. The State Of Maharashtra And Others

2015-02-13Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1597 OF 2015 SANJAY DAYARAM JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Thorat Indrajeet S. AGP for Respondents-State: Mr. A. S. Shinde ...

CORAM

: S. V. GANGAPURWALA & V. L. ACHLIYA , JJ.

DATE :

13th February, 2015 PER COURT :

1.

Mr. Thorat, the learned counsel for the petitioner submits that no action is being taken by the authorities against respondent No.6 inspite of the fact that respondent No.6 was in custody for more than 48 years. Steps are not taken to suspend respondent No.6. There is dereliction in duty on the part of the respondent authorities in taking action. Even this fact is brought to the notice of the respondent authorities by the petitioner by filing representation, however, no action is taken. The respondent authorities be directed to decide the said representation and the respondent No.5 be directed furnish the papers of enquiry made pursuant to the application dated 17.09.2014.

2.

It appears that there is criminal case pending between the petitioner and respondent No.6 where the respondent No.6 is accused. The petitioner is not concerned with the respondent so far as employment of respondent No.6. In fact, the petitioner can be said to be a stranger to the employment/employer of respondent No.6. The petitioner cannot be 1/2

said to be a person interested and aggrieved. It is inter se matter between the authorities i.e. the employer and the respondent No.6. 3.

Considering the above, the case of the petitioner cannot considered. Writ petition, as such, is dismissed. No costs.

(V. L. ACHLIYA, J.) ( S. V. GANGAPURWALA, J. ) JPC 2/2