Jagdish Bajirao Behere And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
2024:BHC-AUG:15544-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 58 WRIT PETITION NO. 7552 OF 2024 AMIT ARVIND DESHMUKH AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND P-2 WRIT PETITION NO. 7636 OF 2024 JAGDISH BAJIRAO BEHERE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....
Mr Rahul S. Pawar, Advocate for Petitioners in both Petitions; Mr S. B. Pulkundwar, A.G.P. for Respondent Nos.1 to 4/State in both the Petitions Mr P. S. Patil, Advocate for Respondent No.5 in both Petitions CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 22nd July, 2024 PER COURT:
1.
The learned Advocates appearing on behalf of the Petitioners and the Respondent/Zilla Parishad, Nandurbar inform us that, both these Writ Petitions are covered by the order dated 21/06/2024, delivered in a group of cases viz. Writ Petition
(2) No.5505/2024 (Anil Pandit Patil Vs. State of Maharashtra and others). The same order can be made applicable in both these cases.
2.
The directions issued by this Court in the order dated 21/06/2024 (supra), below paragraph No.7, read as under :- "7.
In view of the above, all these Petitions are partly allowed. The impugned notices / orders of termination, stand quashed and set aside with the following directions:- (a) The Competent Committee, as prescribed in clause 10, would issue notices to the persons whose names are mentioned in the SIT report or those persons who are noticed by the respective Zilla Parishads, to be ineligible for appointment as per the conclusions of the SIT report, irrespective whether their name has or has not appeared in the report directly, so as to be heard by the Committee in pursuance to such notice of hearing.
(b) The Petitioners would appear before the Committee in terms of the notices received by them. We permit such individuals to tender their written submissions, if desired.
(c) After such hearing is concluded, the Committee shall refer to the material available with reference to the individual employees and their written submissions/material placed before the Committee by such employees and draw an appropriate conclusion. Thereafter, the Committee shall issue appropriate orders. If any person is aggrieved by such order,
(3) he/she would be at liberty avail of a remedy as is permissible in law.
(d) Since the impugned orders are set aside, those candidates/Petitioners who have been terminated from service, shall be deemed to be reinstated with continuity along with back-wages.
(e) Considering the request of all the litigating parties before us, this exercise should be completed expeditiously or within 180 days, to be computed with effect from 01.07.2024, since the Petitioners are also suffering anxiety and rigors of litigation.
(f) The Petitioners assure us that they would render whole hearted cooperation and would not make attempts to delay the matter as they are also interested in an early resolution of this issue. (g) In the event, the Committee or the State Authorities find that they are short of time, they are at liberty to move an application through the office of the Government Pleader, for seeking extension." 3.
In view of the above and for the reasons assigned in the order dated 21/06/2024, and the directions reproduced above, both these Writ Petitions are disposed off. The said directions would squarely apply to these Petitioners.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk