Vitthal Mahapurao Bhosale v. The State Of Mah And ORS

pil71.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO 71 OF 2013 Vitthal s/o Mahapurao Bhosale .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. R.D. Biradar, advocate for petitioner.

Mrs. M.A. Deshpande, AGP for the State.

Mr. V.D. Hon, Senior Counsel for respondent no. 5. ===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 20th JULY, 2015 PER COURT :

1.

Petitioner is praying for issuance of directions to respondents 1 to 4 to initiate enquiry against respondent no. 5 for granting permission to 262 divisions illegally in favour of private management in violation of the norms prescribed in the Government Resolution.

2.

On conducting preliminary enquiry, it was noticed that apart from respondent no. 5, there are many other officers functioning with Zilla Parishad and the Government, who are involved in committing the illegalities. As per the designation of the officials, their appointing authorities are different and, within the prescription of rules, enquiry is also required to be conducted by the officers of different cadre. Considering the fact that allegations are uniform against all the officers and there is necessity to have a joint enquiry against all the officers who are involved in

pil71.13.doc committing irregularity in the same series of transaction, it was suggested to the State Government to appoint an officer to conduct enquiry against all the officials/employees involved in committing the irregularities and who are required to be proceeded departmentally.

3.

The State Government has issued order on 06.07.2015 appointing Mr. Mahendra Harpalkar, Divisional Enquiry Officer, Aurangabad Division, Aurangabad, empowering him to issue charge sheet against all those employees involved in commission of irregularities and to conduct departmental enquiry against them. The concerned Enquiry Officer, as stated by the State Government, would conclude the enquiry within a period of one year from today. The statement made in that regard by learned AGP on telephonic instructions from Mr. K.P. Deshmukh, Administrative Officer, Commissionrate, Pune, is accepted. We direct respondents to ensure conclusion of enquiry within a period of one year from today and the State Government / Zilla Parishad, after receipt of report of enquiry, shall take appropriate steps within a period of three months from the date of receipt of the report.

4.

With the directions as above, writ petition stands disposed of. Pending civil application, if any, does not survive and stands disposed of. ( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb