Narmada Sureshrao Solanke (Narmada Tulshiram Chauhan) v. The Amravati Municipal Corporation Thr. Its Commissioner And Another

(1) 910wp1754.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1754 OF 2021 Narmada Sureshrao Solanke__ Vs. ___Amravati Municipal Corporation and anr --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.M.Vaishnav, Advocate for petitioner Mr. A.P.Kalmegh, Advocate for respondent no.1 CORAM :

AVINASH G. GHAROTE, J.

DATE : 17/03/2023 1] The basic ground raised is that the impugned order dated 16.4.2021 (pg.17) reverting the petitioner from the post of Assistant Superintendent to Senior Clerk has been passed without affording opportunity of hearing.

2] The impugned order does not indicate such an opportunity being given. Mr. Kalmegh, learned counsel for the respondent no.1 also is unable to point out from the material on record that before passing the order of reversion, any opportunity of hearing was afforded to the petitioner, considering which the impugned order is hereby quashed and set aside and the mater is remanded back to the respondent no.1 to pass the appropriate order after hearing the parties.

(2) 910wp1754.21 3] The parties to appear before the respondent no.1 on 3.4.2023. The respondent no.1/ authority thereafter hear the parties and pass the appropriate order by four weeks therefrom.

4] The petition is allowed in above terms.

No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: