Gajanan Parasram Chavan v. The State Of Maharashtra And Others

{1} wp5235-20 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5235 OF 2020 Gajanan Parasram Chavan PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Prashant D. Suryawanshi, Advocate for the petitioner Mr. D. R. Kale, Government Pleader for respondent - State .......

[CORAM : SUNIL P. DESHMUKH AND M. G. SEWLIKAR, JJ.] DATE : 3 rd AUGUST, 2020 ORDER :

1.

Learned advocate for the petitioner submits that situation in the present matter is squarely covered by order dated 30th July, 2020 passed by this court in group of writ petitions bearing stamp No. 12487 of 2020 and others.

2.

Order dated 30th July, 2020 passed in group of writ petitions bearing stamp No. 12487 of 2020 and others reads, thus- " 1. Mr. suryawanshi, learned counsel submits that the petitioners were appointed as clerk/driver pursuant to the selection process as per advertisement dated 27.12.2016. On or about, 24.07.2020 the petitioners received notice dated 23.07.2020 issued by respondent no. 2 directing the petitioners to submit reply within three days as to why their services

{2} wp5235-20 should not be terminated and criminal complaints should not be registered against them, on the basis of report of the Police. The petitioners had requested for copy of the report but the same is not supplied to the petitioners.

2.

We asked learned A.G.P. about supply of copy of the report referred to in the show cause notice. Learned A.G.P. submits that copy of the report is not yet supplied to the petitioners. It is further stated that pursuant to the show cause notice, no further action has been taken. 3.

Principles of natural justice require that copy of the report on which the respondents seek to rely should be served upon the petitioners. The respondents shall serve upon petitioners copy of the report referred to in the show cause notice. On receipt of the copy of the report, the petitioners shall file reply within 10 days. Upon receipt of the reply from the petitioners, the authority shall take decision pursuant to the show cause notice, on its own merits, considering all the relevant aspects of the matters.

4.

Writ petitions are accordingly disposed of. No costs. " 3.

In view of aforesaid, we deem it expedient to dispose of the writ petition in the same terms as aforesaid. 4.

As such, writ petition is disposed of in same terms as aforesaid order dated 30th July, 2020.

[M. G. SEWLIKAR] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/wp5235-20