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Bombay High CourtWP/2193/2020disposed offdismissed for default

Sarojkumar Shivajirao Thakre v. The State Of Maharashtra And Others

2020-02-04Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 63 WRIT PETITION NO.2193 OF 2020 SAROJKUMAR SHIVAJIRAO THAKRE ..PETITIONER

VERSUS

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

Mr. S. R. Barlinge, Advocate for the Petitioner. Mr. S. Y. Mahajan, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 04th FEBRUARY, 2020.

PER COURT:- 1.

At the request of petitioner, leave to delete respondent no.3. Leave granted.

2.

Mr. Barlinge, learned counsel for petitioner submits that on 14.11.2019 the petitioner was served with the copy of the vigilance report. The next date was fixed on 28.11.2019. On 28.11.2019, the petitioner sought time to file say to the vigilance report. The Committee did not grant time and on that day itself closed the matter for orders. According to the learned counsel reasonable time is not granted to the petitioner. The principles of natural justice are violated.

3.

The learned A.G.P. submits that the petitioner was served with the copy of the vigilance report. It was expected of the

(2) petitioner to file say within 15 days. No error on the part of the Committee in deciding the claim on the basis of documentary evidence on record.

4.

We have considered the submissions canvassed by the learned counsel for the respective parties.

5.

Considering the fact that the claim pertains to the social status of the petitioner and the reasons given for seeking time to file say to the vigilance report, we are inclined to grant one more opportunity to the petitioner.

6.

The impugned order is quashed and set aside. The parties are relegated before the Committee. The petitioner shall appear before the Committee on 17.02.2020 and shall file his say to the vigilance report on the said date. The Committee shall after receiving say from the petitioner and hearing the petitioner decide the same expeditiously and preferably within a period of three (03) months from the date of appearance of the petitioner.

7.

Writ Petition accordingly disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE

(3) Devendra/February-2020