Santaji Govindrao Mane v. The State Of Maharashtra Through The Additional Chief Secretary And Others

4715.2023WP -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 148 WRIT PETITION NO.4715 OF 2023 SANTAJI GOVINDRAO MANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Mr.A.S. Shelke, Advocate for the Petitioner.

Mr.S.P. Tiwari, AGP for Respondent/State.

Mr.U.B. Bondar, Advocate for Respondent No.3. .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 26th APRIL, 2023.

PER COURT :- 1.

The learned Advocate for the Petitioner submits that his confidential reports for the period of five years from 2017 to 2022, indicate "A+". The departmental enquiry was initiated against him and the same has been closed in view of the Enquiry Officer's report, clearly exonerating the Petitioner. As such, there is no blot on the Petitioner for the period relevant to be considered for promotion by the Divisional Promotion Committee.

2.

Shri Tiwari, the learned A.G.P. submits that this petition can be considered in terms of prayer clause "B", which reads as under :- "B. By issuing writ of Mandamus, order or direction in the like nature, the respondent No.2 i.e. the Chairman, Divisional Promotional Committee, Aurangabad Division, Aurangabad be directed to consider and take decision on the proposal dated 14.02.2023 for

4715.2023WP -2promotion of the petitioner to Maharashtra Development Services Group-B post in its DPC meeting on the basis of seniority and merit and irrespective of pendency of Criminal PIL No.10/2016." 3.

In view of the above, this petition is disposed off with a direction to the DPC to take a decision on the proposal dated 14.02.2023, as per the settled procedure, without causing delay. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) sga/