Nikhil Narendra Shirsath v. The State Of Maharashtra Through Its Secretary And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 58 WRIT PETITION NO.8152 OF 2022 NIKHIL NARENDRA SHIRSATH

VERSUS

THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND ANOTHER AND 59 WRIT PETITION NO.8153 OF 2022 CHANDAN NARENDRA SHIRSATH

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE SECRETARY AND ANOTHER ....

Mr C. V. Dharurkar, Advocate for petitioners; Mr P. K. Lakhotiya and Mr P. S. Patil, A.G.Ps. for respondents/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 17th August, 2022 PER COURT:

1.

Both the petitioners are siblings. In the first petition, the petitioner contemplates appearing for P.S.I. examination to be conducted by the Maharashtra Public Service Commission. The petitioner in the second petition is a student. 2.

The vigilance enquiry in the case of the petitioner in the second petition, namely, Chandan, is completed and a copy of the

(2) report has been supplied to him. He was served with a notice issued in a specific Form and a hearing was scheduled on 15/12/2021. Chandan remained absent and since then, he is not participating in the said hearing. Insofar as the petitioner in the first petition, namely, Nikhil is concerned, his proposal was tendered in the third week of April 2022.

3.

The learned A.G.P. submits that, Nikhil has informed the Committee that, he would be relying on the vigilance cell enquiry report pertaining to Chandan. He further submits that, when the vigilance cell enquiry report of Chandan is available, Nikhil can legally rely on the same and the second vigilance cell enquiry may not be necessary. He, therefore, submits that both these cases can be decided on or before 21/10/2022.

4.

The learned Advocate for the petitioners submits on instructions, that the petitioners are agreeable. He further submits that they would appear on particular dates, as may be granted by this Court and in the event, any of them absents from such hearing, the Committee would be at liberty to proceed with the pending proceedings.

(3) 5.

In view of the above, both these petitions are disposed off with the following directions :- (a) Both the petitioners would remain present on 29/08/2022 at 12.00 noon before the Dhule Scrutiny Committee at Nandurbar.

(b) They are at liberty to represent themselves through their father before the said Committee.

(c) If any of these two petitioners remains absent, the Committee shall proceed to the next stage of the said proceedings.

(d) The Committee shall decide the claim of both the petitioners by delivering the order, on or before 30/09/2022. (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk