Bombay High CourtWP/3689/2018disposed off

Sau. Prajakta Pralhad Randive And Others v. State Of Maharashtra, Through Its Secretary, Department Of Rural Development, Mumbai And Others

2019-02-27Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice S.M. Modak2 pages

2702wp3689.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3689 OF 2018 (Sau. Prajakta Pralhad Randive & Ors. vs. The State of Maharashtra thr. its Secretary, Department of Rural Development & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : SUNIL B. SHUKRE & S.M. MODAK, JJ.

FEBRUARY 27, 2019.

Heard Shri G.G. Bade, learned counsel for the petitioners, Mrs. A.R. Kulkarni, learned AGP for respondent Nos. 1, 2 & 4 and Shri A.Y. Kapgate, learned counsel for respondent No. 3.

Our attention has been drawn to Corrigendum dated 15.04.2017 which shows that there is a correction made to the Government Resolution dated 27.02.2017. As per this Corrigendum, the Divisional Commissioner has been entrusted with the responsibility of ensuring that no irregularity whatsoever is committed while effecting transfers by the concerned authorities. That would mean that if any irregularity has been committed, the grievance in that regard could be aired to the concerned Divisional Commissioner and thus we find that this alternate route which has been made available to the petitioners must be first exhausted by them. This is also the view taken by this Court while disposing of Writ Petition Nos. 5753 of 2018 and 5754 of 2018 on 26.10.2018.

Accordingly, liberty is granted to the petitioners

2702wp3689.18 to file appropriate representation / Appeal before the Divisional Commissioner, Nagpur, within a period of two weeks from the date of the order and if the same is filed within the stipulated time, the Divisional Commissioner shall decide the same on its own merits within a period of 30 days from the date of representation/ Appeal. With these directions, Writ Petition is disposed of. However, there shall be no order as to costs. JUDGE JUDGE *GS.