Dhanraj Tulshiram Randive v. State Of Maha. Thr. Its Secretary, Dept. Of Rural Development And Water Conservation Mumbai And ANR

2024:BHC-NAG:1208-DB 1 wp 4110.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.4110/2018 (Dhanraj V State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.D. Raut, Advocate for petitioner.

Mr. A.P. Thakre, Advocate for respondent no.2. Mr. S.M. Ukey, Addl.GP for respondent nos.1 and 3. CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 24-01-2024.

The challenge is to the order of reversion passed by the respondent-Chief Executive OfÏcer, Zilla Parishad, Chandrapur on 06-07-2018.

2.

The claim of the petitioner is considered as against one Mr. B.R. Chaykate who is held to be entitled for promotion to the post on which the petitioner was already accommodated.

3.

The order of reversion is informed to have been passed without hearing or issuing notice to the petitioner. 4.

The aforesaid factual matrix is not disputed by the learned Counsel for the respondents. At least to that effect, the learned Counsel for the respondents has failed to demonstrate that the petitioner was heard or put to notice before passing the said order. We are of the view, that the order impugned dated 06-07-2018, is not sustainable and is

2 wp 4110.18.odt liable to be quashed and set aside. As such, the order dated 06-07-2018, is hereby quashed and set aside.

5.

We direct the petitioner to treat the order dated 06-07-2018 as show cause notice, and after submitting his reply to the respondent-Chief Executive OfÏcer within a period of four weeks from today, may appear before the said Authority personally for hearing on 29-02-2024. 6.

We direct the respondent-Chief Executive OfÏcer to pass an order by 31-03-2024.

7.

Petition is partly allowed in above terms. No costs. (Abhay J. Mantri, J.) (Nitin W. Sambre, J. ) Deshmukh