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Bombay High CourtWP/2035/2023disposed off

Rupesh Rajendra Bhamare And Others v. The State Of Maharashtra Through Its Secretary And Others

2023-02-23Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.2035 OF 2023 RUPESH RAJENDRA BHAMARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....

Advocate for Petitioners : Mr. Yeramwar Sushant C. AGP for Respondent Nos. 1 to 3: Mr. V.M. Kagne .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 23rd FEBRUARY, 2023.

PER COURT :- 1.

This matter was heard for some time yesterday and was actually posted for tomorrow. Inadvertently, it is listed today. 2.

The learned advocates representing the litigating parties in this matter submit that the hearing can take place. 3.

We have considered the submissions of the learned advocates for the respective sides. The learned A.G.P. submits on instructions that the documents sought for by the petitioners were not delivered to them. We are of the view that, an opportunity of hearing by supplying the said documents, needs to be granted. The learned advocate for the petitioners submits that if the relevant documents are delivered to the petitioners, they would address the authorities without seeking further adjournments.

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In view of the above, this petition is partly allowed. The impugned decision dated 22.12.2022, delivered by respondent No.2 committee, is set aside. The six cases, decided vide the impugned order, bearing Nos. (i) CVC/NDB/SER/1315/CR-271/DII (2), (ii) DHU/EDN/ 123/2006, (iii) DHU/EDN/118/2006, (iv) DHU/EDN/854/2006, (v) CVC/NDB/SER/1113/CR-1991/DII(2) and (vi) CVC/NDB/EDN/ 1411/CR-1468/DI(1), are remitted to the office of respondent No.2 committee, with the following directions:- i) The documents sought for by these petitioners through a common application, in the backdrop of the vigilance cell enquiry, would be supplied in single copies to these petitioners, by the committee, on or before 15.03.2023. ii) These petitioners would tender their individual written submissions to the committee at 12.00 noon on 31.03.2023. iii) The hearing would be conducted in the matter between 31.03.2023 and 15.04.2023.

iv) All these cases would be closed for orders after the hearing is concluded or on 15.04.2023 and the final orders would be passed by the competent committee, on or before 31.05.2023. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/