Sanigta Suryabhan Biradar v. The State Of Maharashtra And Others

W.P.14592/2017 (1030)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.14592 OF 2017 Sangita Suryabhan Biradar ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr V.R. Jain (Kamboj), Advocate for petitioner Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 and 2 Mr V.D. Gunale, Advocate for respondent no.5 CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ DATE : 23rd February 2018 PER COURT 1.

The petitioner had filed complained before the Chief Executive Officer against appointment of respondent no.5. Instead of the Chief Executive Officer deciding the said complaint, it was decided by the Project Officer.

Petitioner had filed an appeal before the Commissioner. The Commissioner considered that the Project Officer did not have the power, but the same ought to have been decided by the Chief Executive Officer and directed the petitioner to file complaint before the Chief Executive Officer. 2.

We do not think that any adverse order is passed against the petitioner. The petitioner may file objection/complaint with the Chief Executive Officer. On receipt of the complaint, the Chief Executive Officer shall decide it on its own merits after hearing the parties, expeditiously and preferably within four weeks from the date of

W.P.14592/2017 (1030) receipt of the complaint and while deciding it, the order passed by the Project Officer on the complaint of the petitioner shall not be considered and will not have any effect.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr