Kiran Balasaheb Gitte v. The State Of Maharashtra Through Its Principal Secretary And Others

928.WP.6700.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6700 OF 2023 Kiran S/o. Balasaheb Gitte Age: 30 Years, Occu: Unemployed, R/o. Gitte Sadan, TPS Road, Itke Corner, Shivaji Nagar, Parli Vaidyanath, Tal. Parli Vaidyanath, Dist. Beed ...

PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Principal Secretary, School Education and Sports Department, Mantralaya, Mumbai-32.

2.

The Maharashtra State Electricity Transmission Company Ltd. (MAHATRANSCO), Office of the MSETCL, Prakash Ganga, Building, 7th Floor, Plot No. C-19, E-Block, Bandra-Kurla Complex, Bandra (E), Mumbai-400051. 3.

The Deputy Director, Sports and Youth Services, Pune Division, Divisional Sports Complex, Survey no.191, Moje Mahavidhayala, Yerwada, Pune - 411006 ... RESPONDENTS ...

Advocate for Petitioner : Mr. Amol Balasaheb Chalak AGP for Respondents: Mr. A.S. Shinde ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, J.J.

DATE : 21.06.2023 PER COURT :

We have heard the learned advocate for the petitioner as also the learned AGP.

2.

Though the petitioner has been claiming several reliefs, the prime objection is to the order passed by the respondent - Deputy Director of 1/2

928.WP.6700.23.odt Sports, Pune dated 08.06.2023 (Exhibit-H) whereby a sport certificate obtained by him for 'Power Lifting' having participated in a tournament held in the year 2006 between 9th and 13th August has been revoked on the basis of report of verification dated 23.10.2020. He claims that he has not been given any opportunity of being heard either while undertaking the scrutiny or while passing the order.

3.

In similar matters the Principal Seat of the Maharashtra Administrative Tribunal at Mumbai in O.A. No.653/2020 had expected the authorities to revoke such orders with a further direction to pass fresh orders after giving a notice to the incumbent for being heard. Similar orders were passed by this Court in Civil Application No.7853/2020 in Writ Petition No.7920/2020 and connected matters on 03.12.2020. 4.

Without expressing anything on merits, we allow the writ petition partly, quash and set aside the impugned order as well as the verification report. The respondent may if they so intend undertake a fresh scrutiny but not without issuing a notice to the petitioner. (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2