Laxman S/O Narayan Rawate v. Zilla Parishad, Nagpur Through Chief Executive Officer

Order 0310wp4620.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 4620/2017.

Laxman Narayan Rawate, Bhandara.

-VERSUSZilla Parishad, Nagpur.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : OCTOBER 03, 2017.

Heard Shri S.M. Bahirwar, learned counsel for the petitioner and Shri M.M. Sudame, learned counsel for the respondent.

2.

Interim suspension order dated 06.10.2016 is still continuing. Learned counsel for petitioner submits that no charge sheet has been served till date and though there has to be timely review and enhancement in subsistence allowance, that also has not been done. He points out that a representation has been preferred on 27.04.2017 with the employer and it is still pending.

3.

Learned counsel for the respondent

Order 0310wp4620.17 submits that in such matters remedy of filing an appeal under Clause 13 of the Maharashtra Zilla Parishad (Discipline and Appeal) Rules, is available.

4.

We find that period of about one year is expiring and if suspension has continued for such a long period without any charge sheet and subsistence allowance also has not been revised, employer has to look into the matter. Infact there are government circulars which require employer to revisit such suspension order after regular intervals.

5.

In this situation, keeping all rival contentions open, we direct respondent to look into the representation dated 27.04.2017 (Annexure-B) within a period of four weeks from today and to pass suitable orders.

6.

With liberty to petitioner to proceed as per law, if his grievance is not redressed thereafter, we dispose of the present Petition. No costs.

JUDGE JUDGE Rgd.