Mangalsing Vijaysing Pawar v. The State Of Maharashtra And Others

1 wp 7619.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7619 OF 2015 Mangalsing Vijaysing Pawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri D. B. Thoke, Advocate for the Petitioner. Shri V. S. Badakh, A.G.P. for Respondent Nos. 1 to 3. Shri V. R. Dhorde, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 01ST SEPTEMBER, 2016.

PER COURT :

.

Mr. Dhorde, the learned counsel appearing for the respondent No. 4 submits that, the petitioner has a remedy of appeal under Rule 17 of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

2.

In the light of that, though Mr. Thoke, the learned counsel for the petitioner sought to canvass submissions on merits of the matter, we are not inclined to consider the same. The writ petition is disposed of with liberty to the petitioner to avail the alternate remedy of appeal.

2 wp 7619.15 3.

In case an appeal is filed within a period of two weeks from today against the order impugned in the present writ petition, the same shall be considered to be within limitation. The authority where the appeal would be filed shall decide the same expeditiously and preferably within a period of three (03) months from the date of receipt of appeal after hearing all parties concerned on its own merits. No costs.

[ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Sept. 16