Jagannath Laxmanrao Gulde v. Divisional Joint Registrar, Co-Operative Society, Amravati Division, Amravati And ORS.

2025:BHC-NAG:2291 31-WP-1093-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1093 OF 2025 (Jagannath Laxmanrao Gulde Vs. Divisional Joint Registrar, Co-operative Society, Amravati Division & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Nilesh Gawande, Counsel for the petitioner. Mr. H.R. Dhumale, A.G.P. for respondent nos. 1 and 2. Mr. K.P. Mahalle, Counsel for respondent nos. 3 and 4. .....

CORAM : ANIL L. PANSARE, J.

MARCH 6, 2025 On previous date, following order was passed :

"The argument is that the petitioner who was working as Accountant in A.P.M.C. Achalpur has been terminated on the count of irregularities found in audit report for the years 2021- 2022 and 2022-2023, though the Director of Marketing has directed to reaudit these audit reports.

ii.

The counsel for petitioner was called upon to show as to how is this aspect dealt with by the respondent no.1 who has passed the impugned order and to utter surprise what is found is that the order passed by the Director of Marketing has been stayed by the State Government.

iii.

That apart, the learned AGP has invited my attention to paragraph 5 of the impugned order, wherein the respondent no.1 has observed that the services of the petitioner were terminated not only on the basis of audit report but also on the basis of independent departmental enquiry wherein all the ten allegations were said to be proved. Thus it appears that the case put up by the petitioner is based on a weak foundation.

31-WP-1093-2025 iv.

Nonetheless, since the question involved is of termination of service, issue notice before admission, returnable in four weeks.

v.

Learned AGP waives service of notice on behalf of respondent nos.1 and 2.

vi.

In the meantime, the petitioner shall deposit an amount of Rs. 5 Lakhs to show bonafides.

vii.

Amount be deposited in this Court within a period of two weeks, failing which, the petition shall stand dismissed without further reference to his Court.

viii.

Once the amount is deposited, there shall be stay to the impugned order dated 2402-2025 passed by the respondent no.1 in Appeal No.7/2024."

2] The learned Counsel for the petitioner, on instructions, seeks permission to withdraw the petition with liberty to avail remedy as available in law. 3] Permission is granted. The petition is disposed of as withdrawn with liberty as prayed for. (ANIL L. PANSARE, J.) Sumit