Jyothsana Wd/O Avinash Bhivgade v. Disciplinary Authority And Additional Commissioner, Municipal Corporation And Another

15.02 WP3387 of 2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3387 OF 2020 Jyothsana wd/o Avinash Bhivgade ... Petitioner

Versus

Disciplinary Authority & Additional Commissioner, Nagpur and another ... Respondents Ms. Rashmi P. Ghantawar, holding for Mr. S.S. Dhengale, Advocates for Petitioner.

CORAM : NITIN JAMDAR & ANIL S. KILOR, JJ DATE : 15 FEBRUARY 2021 P.C.:

The Petitioner, who was working on the post of Tax Collector with the Municipal Corporation, Nagpur, has challenged the order passed by the Respondent No.1- Additional Commissioner on 3 March 2020, removing the Petitioner from service. The ground on which the Petitioner has been removed from service is his conviction in a criminal case. The order is passed under Section 56(2) of the Maharashtra Municipal Corporations Act, 1949. Section 56(4) of the Act provides for an appeal from the order of removal. The Proviso to Section 56(4) of the Act states that the Standing Committee shall be deemed to be the Authority immediately superior to the Commissioner for the purpose of appeal.

15.02 WP3387 of 2020.odt 2.

In view of the position that the Petitioner has a statutory remedy of appeal, the Petition need not be entertained. Keeping all the contentions of the Petitioner open to be urged in appeal, the Writ Petition is disposed of.

(ANIL S. KILOR, J) (NITIN JAMDAR, J) Lanjewar Digitally signed by Prashant Lanjewar Date:

2021.02.16 11:41:51 +0530 Prashant Lanjewar