Amit S/O Ashok Jagdale v. The State Of Maharashtra, Thr. Chief Secretary, Technical Education Department, Mumbai And Others

wp949.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.949/2020 Amit S/o Ashok Jagdale ..Vs..

The State of Maharashtra and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri Pushkar Ghare, Advocate for the petitioner. Shri D.P. Thakre, Addl. Government Pleader for respondent Nos.1 to 4. CORAM :- R. K. DESHPANDE AND AMIT B. BORKAR, JJ.

DATED :- 18.02.2020 1] The petitioner is aggrieved by an observation made by the Maharashtra Administrative Tribunal in paragraph 4 of the order dated 20.12.2019 passed in O.A. No.984/2019. According to the petitioner, there was no propriety and justification for the Tribunal to grant liberty to the respondents to take action against any officer working under him under Rule 8 or Rule 10 of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

2] In our view, there is nothing wrong in such observations and it is always open for the respondents to take such action in accordance with law. If the action is taken under Rule 8 or Rule 10 without having Authority, then it is open for the petitioner to challenge such action

wp949.2020.odt and the order impugned in this petition does not come in his way. With these observations, writ petition is dismissed. No costs.

JUDGE JUDGE Tambaskar.