Sandeep Ishwardas Tidke v. The Commissioner, Nagpur Division, Nagpur And Another

1 916-WP-4539-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4539 OF 2023 (Sandeep Ishwardas Tidke Vs. The Commissioner, Nagpur Division, Nagpur & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri P.S. Kshirsagar, Advocate for the petitioner. Shri A.S. Fulzele, Additional Government Pleader for respondent no.1. Ms Meghna Munshi, Advocate for respondent no.2. CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

ATE : JULY 21 , 2023 Rule. The learned Additional Government Pleader waives notice for respondent no.1 and Ms Munshi, learned Counsel who was present and was directed to waive service has appeared for respondent no.2. 2] The petitioner is working as a Subject Teacher at Zilla Parishad School - Sawali. A preliminary enquiry was said to be held against the petitioner but the proceedings came to be closed pursuant to the order passed by the Chief Executive Officer on 17/5/2022. The petitioner therefore sought restoration of his services at the place where he was earlier working. This request was made vide representation dated 30/8/2022. Since no decision thereon was taken, the present Writ Petition has been filed.

3] In the light of the aforesaid facts, the interests of justice would be served by directing respondent no.2 to consider the petitioner's representation dated 30/8/2022 and take a decision thereon in accordance with law within a period of four weeks of receiving copy of this order. It is open for the Chief Executive Officer to grant an opportunity of hearing to the petitioner if he deems it necessary. The decision taken be communicated to the petitioner. 4] The Writ Petition is disposed of in the aforesaid terms. Rule accordingly. No costs.

(JUDGE) (JUDGE) SUMIT