Gangabai Gorakhnath Talekar v. The State Of Maharashtra Through Its Principal Secretary And Others

2023:BHC-AUG:26131-DB ( 1 ) 933 ca 14412.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.14412 OF 2023 IN WP/11538/2023 GANGABAI GORAKHNATH TALEKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Applicant : Mr. B.T. Bodkhe h/f. Solanke Shikrashna B. AGP for Respondents/State : Mrs. Priya Bharaswadkar Advocate for R/w to 4 : Mr. S. W. Munde ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 8th December, 2023 P.C. :- 1.

The Petitioner had challenged the show cause notice dated 21.08.2023 by filing Writ Petition. During the pendency of the Writ Petition, the Petitioner has been subjected to disciplinary action and has been terminated from service. The punishment falls in the list of punishment enlisted under Rule 4 of the Maharashtra Zilla Parishad, District Services (Discipline and Appeal) Rules, 1964. Rule 13 read with Rule 16 and the proviso thereunder, enable the Petitioner to challenge his dismissal from service or any punishment awarded in terms of the Rule 4 before the Competent

( 2 ) 933 ca 14412.23 Authority. Keeping this liberty open to the Petitioner, this Writ Petition is disposed off.

2.

The time spent by the Petitioner in this Court from 04.09.2023 until the passing of the order by this Court, would be considered as a good ground for condonation of delay under Rule 16 of the said Rules. 3.

Pending Civil Application would not survive and stands disposed off.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub