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Bombay High CourtWP/8644/2019disposed offdismissed for default

Ashok Pralhadrao Chandankar v. The State Of Maharashtra And Others

2019-11-14Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 76-wp-8644-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 76 WRIT PETITION NO.8644 OF 2019 ASHOK PRALHADRAO CHANDANKAR .PETITIONER

VERSUS

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

Mr. D. R. Irale Patil, Advocate for the Petitioner. Mr. S. B. Narwarde, AGP for Respondents-State. Mr. Bhausaheb S. Deshmukh, Advocate for Respondent No.4.

...

CORAM : S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 14th NOVEMBER, 2019.

PER COURT:- 1.

The respondents raised preliminary objection that the petitioner has alternate remedy under the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 of filing appeal before the Commissioner.

2.

We have also heard Mr. Irale Patil, learned counsel for the petitioner.

3.

Naturally the Commissioner where the appeal would be filed is required to consider all the relevant aspects of the matter and the contention of the petitioner as to how the judgment of this Court in Writ Petition No.8009/2014 would not apply to him.

(2) 76-wp-8644-2019 4.

In view of the above, writ petition is disposed of with liberty to the petitioner to avail the alternate remedy.

5.

All contentions of respective parties are kept open. No costs.

(AVINASH G. GHAROTE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/November-19