Bombay High CourtWP/2436/2015dispossed offdismiss for default

Pinky W/O Kailash Kumre v. Divisional Commissioner, Nagpur Division And 3 Others

2015-09-03Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

0309wp2436.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2436/2015 Pinky w/o Kailash Kumre ...Versus...

Divisional Commissioner, Nagpur, Nagpur Division, Civil Lines, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.G. Meshram, Advocate for petitioner Ms N.P. Mehta, AGP for respondent no.1 Shri B.B. Mehadia, Advocate for respondent no.2 Shri B.M. Kharkate, Advocate for respondent no.4 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 03.09.2015 By this petition, the petitioner impugns the order of the Chief Executive Officer, Zilla Parishad, Chandrapur dated 9.4.2015, terminating the services of the petitioner as an Anganwadi Sevika.

It is stated on behalf of the respondents that the petitioner can as well file an appeal before the Commissioner against the impugned order. It is stated that without filing an application-appeal before the Commissioner, the petitioner has approached this Court.

Since the issue involved in this case relates to the wrongful allotment and calculation of marks to the petitioner and the respondent no.4 and since the said issue could be well

0309wp2436.15.odt adjudicated by the Commissioner, it would not be proper to consider the correctness of the impugned order in exercise of the writ petition. The petitioner would be free to file an appropriate application-appeal before the Commissioner, if so advised. In view of the aforesaid, the writ petition is disposed of with no order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE Wadkar