Bombay High CourtWP/4887/2014dispossed offdismiss for default

Abdul Shakil Abdul Jalil v. Zilla Parishad, Akola Through Its Chief Executive Officer And 3 Others

2015-04-01Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

1 wp4887.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4887 OF 2014 [Abdul Shakil Abdul Jalil .vs. Zilla Parishad, Akola 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 Alok Daga, counsel for the petitioner, Shri K.S. Malokar, counsel for respondent nos.1 and 2, Shri T.R. Kankale, AGP for respondent nos.3 to 5. ..........

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATED : APRIL 01, 2015.

Shri Daga, the learned counsel for the petitioner, seeks leave to join the Suspension Review Committee, through Divisional Commissioner, Amravati, as a party respondent. Leave is granted to the petitioner. The amendment should be carried out forthwith.

Learned A.G.P. Shri T.R. Kankale waives notice on behalf of the newly added respondent.

By this petition, the petitioner had sought a direction to the respondent nos.3 and 4 to constitute a committee as per the Government Resolution dated 14.10.2011 to decide the representations of the suspended employees.

It appears, on hearing the learned counsel for the parties, that a committee has been constituted and the same is functioning. The committee appears to have rejected the representation of the petitioner on the ground that no departmental inquiry was pending against the petitioner. A statement is made in the affidavit-in-reply of the respondents-employer that a departmental inquiry has

2 wp4887.14.odt commenced from 17.3.2015. In view of the commencement of the departmental inquiry, the learned counsel for the petitioner seeks a direction to the committee to decide the representation of the petitioner.

The request made on behalf of the petitioner is just and reasonable. We permit the petitioner to submit a representation to the respondent no.1-Zilla Parishad, which in turn, would submit the same to the committee, within a period of seven days from the receipt of the same. The committee should decide the representation of the petitioner, as early as possible, and positively within a period of three months from the receipt thereof. Order accordingly. No costs.

JUDGE JUDGE Gulande