Dattatraya Bhagwan Giri v. The State Of Maharashtra Through Its Principal Secretary And Others

WP 11156 24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11156 OF 2024 Dattatraya Bhagwan Giri ...

Petitioner

VERSUS

1) The State of Maharashtra and others ...

Respondents ...

Advocate for Petitioner : Mr. N.P. Patil-Jamalpurkar, i/b Mr. Girish L. Awale A.G.P. for Respondents/State : Mr. S.K. Tambe

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 08.10.2024 PER COURT :

This is a startling case demonstrative of a high-ranking public officer indulging in gross abuse of the process of law. 2.

We have heard the learned advocate Mr. Jamalpurkar for the petitioner.

3.

The petitioner, who has been serving as a Deputy Chief Executive Officer (Panchayat) with Zilla Parishad, Latur, since September 2021, has the audacity to challenge the order of his transfer dated 25.09.2024 as a Block Development Officer, Panchayat Samiti, Washim, District Washim, passed pursuant to the directions of the Election Commission of India in the wake of ensuing elections for the legislative assembly of the State, that too having filed original application in the Maharashtra Administrative Tribunal for the same relief, apparently having failed to obtain any ad interim relief. 4.

When we express our disinclination to entertain the petition rather 1/2

WP 11156 24.odt by imposing the costs, the learned advocate Mr. Jamalpurkar, submitted that a lenient view be taken while deciding the quantum of the costs. 5.

However, thereafter, a request is made for seeking leave to withdraw the writ petition. We expressly reject the request and dismiss the petition in limine with a costs of Rs. 5000/- (Rs. Five Thousand only) to be deposited within four weeks, else shall be recovered from his salary. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2