The State Of Maharashtra And Others v. Sampat Paraji Jawalkar And Others

1 ra st 23738.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION ST. NO. 23738 OF 2016 IN WRIT PETITION NO. 2988 OF 2015 The State of Maharashtra .. Applicant

Versus

Uddhav Ramkisan Mhaske and others .. Non Applicants Shri S. B. Yawalkar, Addl.G.P. for Applicants. Shri A. B. Jagtap, Advocate h/f Shri V. D. Sapkal, Advocate for Respondent Nos. 1 to 5.

Ms. Surekha Mahajan, Advocate for the Respondent No. 6. WITH REVIEW APPLICATION ST. NO. 23727 OF 2016 IN WRIT PETITION NO. 2949 OF 2015 The State of Maharashtra and others .. Applicants

Versus

Sampat Paraji Jawalkar and others .. Non Applicants Shri S. B. Yawalkar, Addl.G.P. for Applicants. Shri A. B. Jagtap, Advocate h/f Shri V. D. Sapkal, Advocate for Respondent Nos. 1 to 5.

Ms. Surekha Mahajan, Advocate for the Respondent No. 6. WITH REVIEW APPLICATION ST. NO. 23736 OF 2016 IN

2 ra st 23738.16 WRIT PETITION NO. 3274 OF 2015 The State of Maharashtra and others .. Applicants

Versus

Kiran Narayanrao Patil and others .. Non Applicants Shri S. B. Yawalkar, Addl.G.P. for Applicants. Shri A. B. Jagtap, Advocate h/f Shri V. D. Sapkal, Advocate for the Respondent No. 1.

The Respondent No. 2 is served.

Ms. Surekha Mahajan, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA A. M. BADAR, JJ.

DATE : 30TH SEPTEMBER, 2016.

PER COURT :

.

Mr. Yawalkar, the learned Additional Government Pleader for review applicants submits that, this Court is pleased to allow the writ petitions on the ground that the State has not stated any cause/reason while cancelling the appointments of the original writ petitioners. The learned Addl. G. P. states that, at the time when the matter was heard the State was not in a position to produce the original record. The learned Addl. G. P. further submits that, now the record is received and the same can be perused by the Court.

2.

We have heard the learned counsel for original writ petitioners and Ms. Mahajan, the learned counsel appearing for

3 ra st 23738.16 the Board.

3.

While allowing the writ petitions, we have observed that, the principles of natural justice are not applicable. It was also observed by us that, neither in the order cancelling appointments, nor in the affidavit any cause is stated. We had also observed that, though the matter was adjourned on number of occasions for allowing the State to produce the record, the same was not produced. We had also observed that, our orders would not be an impediment for the respondents to take fresh action, if the cause exists.

4.

With the assistant of learned Addl. G. P., we have gone through the record. The record also does not spell out any cause. The said fact is acceded by the learned Addl. G. P. for applicants. 5.

In view of the above, no case is made out for review. The review applications stand disposed of.

[ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Sept. 16