Vitthal Balajirao Deshatwad v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:8215-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO. 3627 OF 2024 VITTHAL BALAJIRAO DESHATWAD

VERSUS

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

Mr S. M. Vibhute, Advocate for Petitioner;

Mr S. K. Tambe, A.G.P. for Respondent Nos.1 & 2 Mr S. B. Pulkundwar, Advocate for Respondent Nos.3 and 4 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 16th April, 2024 PER COURT:

1.

We have heard the learned Advocates for the respective sides.

2.

The learned A.G.P. submits on instructions notice was issued to the daughter of the Petitioner, namely, Shraddha Vitthalrao Deshatwad, and a simultaneous notice to the Petitioner for reopening his case. On the returnable date, while rejecting the claim of the Petitioner's daughter, the Petitioner's claim was also reopened, reviewed and the earlier order of granting a validity

(2) certificate, was cancelled. According to the learned A.G.P. a written say, filed by the Petitioner, was taken into account. 3.

The learned A.G.P. submits on instruction from Shri. Vinod Pandit, Law Officer, Scrutiny Committee, Kinwat that, considering the peculiar facts, the Committee is wiling to recall the order dated 14/03/2024, passed in the case of the present Petitioner and restore the proceeding before the Committee. The Petitioner, should agree to appear before the Committee at a particular date.

4.

The learned Advocate for the Petitioner submits that the Petitioner would appear before the Committee on 30/04/2024. He tenders the E-mail address of the Petitioner as 'rajdeshatwad@gmail.com', as well as the Cellular Phone Number, which is '7775022101'.

He further submits that the Committee is at liberty to enter into correspondence with the Petitioner via E-mail and/or Whatsapp.

5.

In view of the above, this Writ Petition is disposed off. Since the impugned order dated 14/03/2024 stands recalled,

(3) the proceedings are remitted to the Committee. The Petitioner would appear before the Committee on 30/04/2024 at 11.00 a.m. and thereafter, abide by the dates of hearing, on which the matter is posted by the Committee. Correspondence between the two sides would be via E-mail and/or Whatsapp.

6.

Since the Petitioner has been protected by an order of this Court, dated 10/04/2024, such protection shall continue until the claim of the Petitioner is validated, on the condition that the Petitioner shall not claim any increments/promotion/pay fixation/service benefits, etc. until the decision of the Committee. (R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk