Ganesh Rajaram Borale And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

1 wp 13613.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13613 OF 2024 Ganesh Rajaram Borale and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Pralad D. Bachate, Advocate for the Petitioners. Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 to 4. Shri A. D. Khot, Advocate for the Respondent No. 5. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 21ST FEBRUARY, 2025.

ORDER :

.

The Education Officer was seen misusing of his powers conferred upon him. He was forcing the management to join an employee whose claim was refused by the Court of law and for that purpose he was not taking appropriate decisions in respect of other employees. Few employees are the petitioners of this case. We were satisfied that the act of Mr. Pravin V. Ahire was deliberate and with an ulterior motive. We were forced to ask him to be present in the Court. He accordingly is present in the Court. He made submissions through the learned A. G. P. that he has realized his mistake and his unconditional apology may be accepted.

2.

Unconditional apology is not a solution to give up the

2 wp 13613.24 deliberate acts. There must be discipline in the system. For the wishes of the officer not a single citizen should be suffered. The object of appointing Government employees is to make the life of common man convenient and easy. The powers cannot be used as a weapon against common man. But unfortunately, this officer Mr. Pravin V. Ahire was found prima facie misusing his power. 3.

We are of the considered view that such officer must be dealt with under the provisions of service law. Hence, we direct his immediate higher authority/Deputy Director of Education to initiate departmental enquiry against him and conclude it at the earliest and submit the report to this Court. Considering the deliberate acts of the officer names above, we are of the opinion that this is not a fit case to excuse him on unconditional apology. 4.

With above directions, we direct the Registrar (Judicial) of this Court not to place record of this petition before the Court as the writ petition has been disposed of. The Registrar (Judicial) is further directed to forward copy of this order to the immediate higher authority of Mr. Pravin V. Ahire i. e. Deputy Director of Education, Nashik for taking action as directed above. [SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/Feb. 25