Sayyed Rana Tabassum Shamimoddin v. Divisional Commissioner And Regional Director Municipal Councils Administration Amravati And Others

2025:BHC-NAG:12439 1 37-wp 1265.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1265 OF 2019 ( Sayyed Rana Tabassum Shamimoddin vs. Divisional Commissioner and Regional Director, Municipal Councils, Administration Amravati and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. P.A.Kadu, Advocate for petitioner.

Mr. A.G.Mate, Advocate for respondent No.1.

Mr. D.M.Kale, Advocate for respondent Nos.2, 3, 4 and 5. CORAM : SIDDHESHWAR S. THOMBRE, J.

NOVEMBER 18, 2025 1) Heard learned counsel for the respective parties. 2) By the present writ petition, the petitioner challenges the communication dated 25/07/2018 passed by respondent No.2 Municipal Council, Khamgaon thereby withholding annual increment of the petitioner from July, 2018. It was contended that only because enquiry was proposed, said communication came to be issued. Admittedly, when the impugned communication was issued, no enquiry was conducted, it was only proposed. Therefore, only on the ground that enquiry is proposed, such action cannot be taken.

3) In view thereof, the communication dated 25/07/2018 withholding one annual increment cannot be sustained and same is hereby quashed and set aside. In view thereof, petition is allowed. No order as to costs.

(SIDDHESHWAR S. THOMBRE, J.) KOLHE