Prabhudas Shankarrao Nayadkar v. Honble Divisional Commissioner, Amravati And Another
47. WP 824 of 2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.824/2019 Prabhudas Shankarrao Nayadkar ...Versus...
Hon'ble Divisional Commissioner, Amravati Division, Amravati and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri N.S. Bhelkar, Advocate for petitioner Shri N.R. Patil, AGP for respondent no.1 Shri S.M. Bhangde, Advocate for respondent no.2 CORAM : AVINASH G. GHAROTE, J.
DATE : 27/03/2023 1.
The impugned order dated 01/10/2018 which maintains the punishment of stoppage of two increments permanently of the petitioner, does not disclose any reason whatsoever as to why the said punishment has been maintained. It is expected, that any order passed confirming the punishment would indicate an independent application of mind to the facts of the case and record reasons for agreeing with the punishment imposed. That however, is not disclosed from the impugned order dated 01/10/2018, considering which, the same cannot be sustained and is hereby quashed and set aside. The matter is remitted back to the respondent no.1 - Divisional Commissioner for hearing the parties and
47. WP 824 of 2019.odt passing order afresh. The parties shall appear before the respondent no.1 on 11/04/2023 and the matter shall be decided by the learned respondent no.1 within a period of thirty days therefrom.
2.
The writ petition is accordingly allowed in the above terms. No order as to costs.
(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR