Dipali Gokul Pardeshi v. State Of Maharashtra And Others

1 19-WP-3382-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3382 OF 2015 DIPALI GOKUL PARDESHI ...PETITIONER

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr. M.S. Deshmukh, Advocate for Petitioner Mr. K.N. Lokhande, AGP for Respondent Nos. 1 to 3 CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 11th NOVEMBER, 2019 PER COURT :

1.

For the reasons stated separately, petition is partly allowed. The order passed by the Scrutiny Committee including the petition is quashed and set aside. The claim of the petitioner is remitted back to the Committee for decision afresh. 2.

Needless to state that the Committee to pass the decision keeping in view the observations of the Division Bench in the Judgment of Mahesh Pralhadrao Lad Vs State of Maharashtra and others reported in 2009 (2) Mh.L.J. 90 as expeditiously as possible and not later than 12 weeks from the date of this order. 3.

Needless to state further that the petitioner was protected by an interim-order as an apprehension was expressed that as the

2 19-WP-3382-2015 order passed by the Scrutiny Committee, the services of petitioner would be terminated. Interim-relief granted on 24/04/2015 was continued throughout the proceedings. The respondent authorities are directed not to take any coercive steps prejudicing the service interest of the petitioner, till the Scrutiny Committee passes order afresh as directed by this Court.

4.

The petitioner undertakes to remain present before the Scrutiny Committee as and when called by the Scrutiny Committee and would extend all possible co-operation to the Committee for the decision of the claim within the stipulated period as directed by this Court.

[ ANIL S. KILOR ] [ PRASANNA B. VARALE ] JUDGE JUDGE mta