Sunil Bhanudas Dewarwade v. The Additional Divisional Commissioner -2 And Others

2025:BHC-AUG:33904 1 969 WP 985-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 WRIT PETITION NO. 985 OF 2022 SUNIL BHANUDAS DEWARWADE

VERSUS

THE ADDITIONAL DIVISIONAL COMMISSIONER -2 AND OTHERS ...

Mr. Shrimant R. Kedar - Advocate for Petitioner Mr. R.B. Dhaware - AGP for Respondent No.1, State Mr. P.D. Suryawanshi - Advocate for Respondent Nos.2 and 3 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

03.12.2025 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

By this petition, the petitioner challenges the order dated 23.08.2021 passed by the Additional Divisional Commissioner-2, Aurangabad, in Appeal No. DB/Appeal.Cell-49/2019. 3.

The proceedings were initiated pursuant to disciplinary action taken against the petitioner, whereby three increments were permanently stopped. Aggrieved by the said punishment, the petitioner preferred an appeal before the Additional Divisional Commissioner. 4.

Learned A.G.P. for respondent No.1 and learned Counsel for respondent Nos.2 and 3 raised a preliminary objection regarding the

2 969 WP 985-2022.odt maintainability of the present petition on the ground that the petitioner has an alternate remedy of filing a revision before the State Government. 5.

In view thereof, the Writ Petition is disposed of as not maintainable.

6.

The petitioner is at liberty to file a revision before the State Government within a period of eight (8) weeks from today. 7.

If the petitioner files the revision within the aforesaid period, the delay caused in prosecuting the present petition shall be considered by the revisional authority while deciding the application for condonation of delay.

8.

The revision filed by the petitioner shall be decided by the State Government on its own merits within a period of six (6) months from today.

9.

All points are kept open.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/