Mahadev Digambar Sarge v. The State Of Maharashtra And Others

wp.9699.19 (114)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.9699 OF 2019 Mahadev s/o Digambar Sarge ..Petitioner

Versus

The State of Maharashtra through its Secretary, Agriculture, Animal Husbandry, Dairy Development and Fisheries Department and ors.

..Respondents Mr Ghanshyam Chinchole Advocate h/f Mr S.M. Vibhute, Advocate for petitioner Mr P.S. Patil, Addl.G.P. For respondents no.1 to 5 CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 30.09.2019 ORAL ORDER :

1.

The major grievance of the petitioner is that the vigilance report was not served upon the petitioner.

2.

Mr Patil, learned Addl.G.P., on instructions and going through the record submits that the copy of the vigilance report was not served upon the petitioner, but was served upon his nephew. 3.

The major grievance of the petitioner appears to be that the vigilance report was never sent to him and the petitioner was not called upon for hearing. The impugned order is passed without hearing the petitioner.

4.

We need not go into the other merits of the matter. It is admitted that the vigilance report was not served upon the petitioner. In light of that, we relegate the parties before the Scrutiny Committee.

wp.9699.19 (114) 5.

The impugned order is set aside. The parties are relegated before the Scrutiny Committee. The petitioner shall appear before the Scrutiny Committee on 10th October 2019. The petitioner shall be served with the vigilance report on the said date. The petitioner shall, thereafter file reply to the vigilance report within four weeks and the proceedings shall be decided within six months. The petitioner shall co-operate in expeditious disposal of the proceedings. 6.

Writ Petition is accordingly allowed and disposed of. No costs. ( ANIL S. KILOR, J.) ( S.V. GANGAPURWALA, J.) vvr