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Bombay High CourtCA/6478/2020disposed off

Dinkar Bhausaheb Wagh v. The State Of Maharashtra And Others

2020-11-02Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat2 pages

(1) 165-wp-6753-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 165 WRIT PETITION NO.6753 OF 2020 WITH CA/6552/2020 IN WP/6753/2020 WITH CA/6478/2020 IN WP/6753/2020 WITH CA/6479/2020 IN WP/6753/2020 WITH CA/6812/2020 IN WP/6753/2020 DINKAR BHAUSAHEB WAGH ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. V. D. Hon, Senior Advocate h/f Mr. D. J.

Choudhari, Advocate for the Petitioner.

Mr. D. R. Kale, Incharge Government Pleader for Respondent-State.

Mr. A. G. Chaudhari, Advocate for the Respondent No.4.

Mr. V. D. Salunke, Advocate for Applicant in CA/6479/2020.

...

CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 02nd NOVEMBER, 2020.

PER COURT:- 1.

We have heard Mr. Hon, learned senior counsel for the petitioner, learned incharge Government Pleader and Mr. Salunke, learned counsel for the intervenor.

2.

The learned counsel for the petitioner submits that the respondents are dislodging the petitioner on political ground. The protection needs to be granted to the petitioner. According to the learned senior counsel no opportunity is accorded. On 06.10.2020 the enquiry report is sent to the petitioner and on 07.10.2020 the matter is closed for the orders. The respondents are bent

(2) 165-wp-6753-2020 upon passing adverse orders against the petitioner, so the protection needs to be granted.

3.

The learned incharge Government Pleader and Mr. Salunke, learned counsel submit that the petitioner is prolonging the matter on one or other pretext. Many times the matter is adjourned at the request of the petitioner. Serious allegations and charges are against the petitioner. The learned incharge Government Pleader further submits on instructions that let the petitioner appear on 06.11.2020. On that day he will be supplied with all the documents and thereafter, he shall file his reply within 7 days.

4.

The petitioner shall appear before the Authority on 06.11.2020 and as agreed by the learned incharge Government Pleader the documents relied in the enquiry report shall be supplied to the petitioner. The petitioner shall thereafter file his say to the enquiry report within 7 days. The Authority shall after hearing all the parties concerned take decision in accordance with law observing the principles of natural justice.

5.

Writ Petition accordingly disposed of. No costs.

6.

In view of disposal of writ petition, present civil applications stand disposed of. (R. G. AVACHAT) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/November-2020