Bhujang Anandrao Biradar v. The State Of Maharashtra And Others

1 wp 12202.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12202 OF 2015 Bhujang Anandrao Biradar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sarang P. Joshi, Advocate h/f Shri N. K. Tungar, Advocate for the Petitioner.

Shri V. H. Dighe, A.G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 16TH AUGUST, 2016.

PER COURT :

.

The learned counsel for the petitioner submits that, the respondent No. 3 appointed one Ramrao Anandrao Patil as Police Patil by order dated 21.11.2011. The learned counsel submits that, said Ramrao Anandrao Patil had committed fraud. There is criminal case pending against him. The petitioner had filed Original Application No. 583 of 2012 before the M. A. T. The original application was allowed. The respondent No. 3 filed writ petition before this Court. The same was rejected. The petitioner thereafter filed an application with the respondents to appoint the petitioner as Police Patil. The said application is rejected. The learned counsel submits that, pursuant to the

2 wp 12202.15 order passed by the Tribunal and this Court, the petitioner ought to have been appointed as Police Patil at the place of said Ramrao Anandrao Patil.

2.

We have heard, the learned Assistant Government Pleader also.

3.

The Tribunal in the Original Application No. 583 of 2012 filed by the petitioner has directed the selection to the post of police patil be conducted afresh. The said order is confirmed by this Court in Writ Petition No. 9812 of 2013. 4.

When the Tribunal has specifically directed selection to the post of Police Patil be conducted afresh, certainly without participating in the selection process, the petitioner can not have claim to the said post.

5.

In the light of that, the writ petition is rejected. No costs. [ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/August 16