Manohar Madhavrao Pavale v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:8790-DB 916-WP-4211-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4211 OF 2024 Manohar Madhavrao Pavale

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. D. R. Jayabhar, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for Respondents/State Mr.S. B. Pulkundwar, Advocate for Respondent Nos.3 to 6 ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : APRIL 23, 2024 PER COURT :

1.

The grievance of the Petitioner is that after he being awarded with punishment by the Chief Executive Officer, an Appeal was preferred before the Divisional Commissioner. Since the Divisional Commissioner passed a final adverse order, a Revision was preferred under Rule 15(1)(c) of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964. The original envelope containing the Revision, which was tried to be served on the State through speed post A.D., has been returned to the Petitioner. The Appeal was dispatched by speed post A.D. on 09.08.2023 and the same has been returned to the Petitioner.

916-WP-4211-2024.odt 2.

The learned Advocate for the Petitioner submits that if this Court directs, a Revision would be filed along with an application for condonation of delay. The State be directed to receive the Revision, register it and decide the same by following the due procedure laid down in law.

3.

In view of the above, this Petition is disposed off. We permit the Petitioner to file a Revision within 15 days along with an application for condonation of delay. The delay period would be considered from the date mentioned on the Revision till the passing of this order.

4.

Respondent No. 1 would decide the said Revision by following the due procedure laid down in law, preferably within a period of 120 days.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani