Bombay High CourtWP/4845/2015dispossed offdismiss for default

Manoj Tukaram Jadhao v. Additional Commissioner Tribal Development Amravati Division And Others

2018-01-08Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4845.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4845/2015 Manoj Tukaram Jadhao ..Vs..

Additional Commissioner Tribal Development Amravati Division, Camp, Amravati 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 P.S. Patil, Advocate for the petitioner. Ms. Muranl Naik, A.G.P. for respondent No.1.

CORAM : Z.A. HAQ, J.

DATE : 8.1.2018.

Heard.

The petitioner / employee has challenged the order passed by the Additional Commissioner, Tribal Development by which the appeal filed by the petitioner is dismissed and the order passed by the respondent / Management removing him from service is upheld. Though the memorandum of appeal which was filed by the petitioner before the Additional Commissioner does not refer to any provision under which it was filed, the learned Advocate for the petitioner has submitted that it was filed under the provisions of Ashram School Code. Relying on the judgment given in the case of Secretary, A.P.D. Jain Pathshala and others V/s. Shivaji Bhagwat More and others reported in (2011) 13 SCC at

2 wp4845.15 page 99, this Court has held in the case of Balkrishna S/o Raghunath Jadahv V/s State of Maharashtra and others in Writ Petition No.3044/2011 that the State Government cannot confer power or authority to adjudicate dispute / lis between the parties, by issuing orders or resolutions. Considering the ratio of the judgment given in the case of Shri Janjagruti Shikshan Prasarak Mandal, Shekapur and another V/s. State of Maharashtra and others reported in 2015 (4) Mh.L.J. at page 756, it has to be held that the Additional Commissioner had no power / authority to decide the appeal filed by the petitioner.

Hence, the following order:

(i) The impugned order is set aside.

(ii) The appeal filed by the petitioner before the Additional Commissioner is dismissed.

(iii) I have not examined the merits of the matter and the petitioner would be at liberty to seek redressal of his grievance in appropriate proceedings before appropriate forum, if so advised.

Writ petition is disposed accordingly.

In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.