Dnyandav Santram Waghmare v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5917 OF 2021 Dnyandav s/o Santram Waghmare, Age 52 years, Occupation Service, as Teacher, R/o Zilla Parishad Primary School, Chichkhadi, Ambajogai, Tq. Ambajgoai, Dist. Beed.

...Petitioner

VERSUS

1) The State of Maharashtra Through its Secretary, Rural and Water Conservation Department, Mantralaya, Mumbai - 32.

2) The Secretary, School and Sports Department, Mantralaya, Mumbai - 32.

3) The Secretary, General Administration Department, Mantralaya, Mumbai.

4) The Divisional Commissioner, (Revenue), Aurangabad Division, Aurangabad.

5) The Chief Executive Ofcer, Zilla Parishad, Beed.

6) The Education Ofcer (Primary), Zilla Parishad, Beed.

7) The Block Development Ofcer, Ambajogai, Tq. Ambajogai, Dist. Beed.

...Respondents

.....

Advocate for Petitioner : Mr. S. G. Munde AGP for Respondents-State : Mr. S. N. Morampalle .....

939 wp 5917-2021 CORAM :

ARUN R. PEDNEKER, J.

DATE :

05th April, 2023 ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. By consent of parties, heard finally.

2.

By the present writ petition, the petitioner challenges the order of suspension and punishment dated 19.12.2018 passed by the respondent No. 5 - Chief Executive Officer, Zilla Parishad Beed and confirmed by the respondent No. 4 - Divisional Commissioner (Revenue), Aurangabad Division, Aurangabad by order dated 17.12.2019. 3.

The learned counsel relies upon the judgment passed by this Court in Writ Petition No. 8421/2018 and other connected matters dated 9.7.2019 (Rajesh Suhadeorao Rakhonde Vs. Divisional Commissioner, Amravati and Ors.). The learned counsel for the petitioner contends that the facts in the above writ petition are applicable to the present writ petition also. In the above case, the Zilla Parishad without following the procedure as contemplated under Rule 6 and 7 of the Maharashtra Zilla Parishads (Discipline and Appeal) Rules, 1964 has imposed the major penalty of withholding one increment permanently and the said penalty

939 wp 5917-2021 amounts to major penalty. In the instant case also, the petitioner's one increment is permanently withheld and it amounts to major penalty and cannot be imposed without following the procedure under Rule 6 and 7 of the Maharashtra Zilla Parishads (Discipline and Appeal) Rules, 1964. 4.

In view of the same, the impugned orders dated 19.12.2018 passed by the respondent No. 5 - Chief Executive Officer, Zilla Parishad, Beed as well as the order dated 17.12.2019 passed by the respondent No. 4 - Divisional Commissioner, Aurangabad in appeal preferred by the petitioners are quashed and set aside. The respondent No. 5 - Chief Executive Officer of Zilla Parishad, Beed is at liberty to take such action against the petitioner as may be available in accordance with law. The points raised by the petitioner on merits of challenge are kept open. 5.

The writ petitions are allowed. Rule is made absolute in above terms.

( ARUN R. PEDNEKER, J. ) vj gawade/-.