Ramdas Bhagwan Shinde v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:16538 wp 8129.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 WRIT PETITION NO. 8129 OF 2024 Ramdas Bhagwan Shinde

VERSUS

The State Of Maharashtra Through Its Principal Secretary And Others.

...

Advocate for the Petitioner : Mr. S.B. Sontakke AGP for Respondents : Mr. A.S. Shinde ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 01, 2024 PER COURT :- 1.

By way of this petition, petitioner seeks to challenge the order dated 16.6.2022 passed by the Divisional Commissioner, Nashik, refusing to entertain the appeal filed by the petitioner on the ground that such appeal would not be maintainable unless the petitioner is aggrieved by the punishment imposed upon him.

2.

Apparently, there is no wrong in the order. It is not disputed before this Court that no punishment as such inflicted against the petitioner. As such, he has no cause of action to file the appeal under Rule 13-E of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964.

3.

In that view of the matter, there is no merit in the writ petition. However, the petitioner shall be at liberty to avail the alternate remedy as permissible under law as regards to his

wp 8129.24.odt grievance. Petition stands dismissed with the aforesaid observations.

( S. G. CHAPALGAONKAR, J. ) ...

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