Pramod Vasantrao Joshi v. The State Of Maharashtra And Others

1 WP 5328/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5328 OF 2017 Pramod S/o Vasantrao Joshi Petitioner V E R S U S The State of Maharashtra, through its Secretary School, Education Department, Mantralaya, Mumbai & Ors.

Respondents Mr. Girish Nagori, Advocate for the petitioner Mr. A.P. Basarkar, A.G.P. for the respondent/State Mr. M.S. Sonawane, Adv. for respondent Nos.2 & 3 CORAM : S.V.GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 19th APRIL, 2017 PER COURT :

Heard.

2.

Mr.

Sonawane, the learned counsel for respondent Nos.2 and 3 raised preliminary objection by stating that the petitioner has an alternate remedy of an Appeal under Rule 14 of the Maharashtra Zilla Parishad and Panchayat Samiti (Disciplinary and

2 WP 5328/17 Appeal) Rules. In view of that, though Mr. Nagori, learned counsel for the petitioner sought to canvass submissions on merits, we are not inclined to consider the same.

3.

In view of above, Writ Petition is disposed of with liberty to the petitioner to avail the alternate remedy. In case such an appeal is filed, the Divisional Commissioner shall decide the same expeditiously and preferably within three months from the date of receipt of Memo of Appeal. All contentions of the parties are kept open.

4.

The Writ Petition is disposed of in the above terms. No costs.

(SANGITRAO S. PATIL, J.) (S.V. GANGAPURWALA, J.) SRM/19/4/17

3 WP 5328/17