Bombay High CourtWP/4984/2016dispossed offdismiss for default

Shri Ashok S/O Namdeorao Chirde v. State Of Maha., Through Secretary, Department Of Urban Development, Mumbai And Others

2016-11-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP4984-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4984/2016 (ASHOK NAMDEORAO CHIRDE VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.R. Puri, counsel for the petitioner.

Shri Nikhil Joshi, A.G.P. for the R-1 to 4.

Ms K.Meshram Advocate h/f Shri D.M. Kale, counsel for the R-6. CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : NOVEMBER 29 , 2016.

By this writ petition, the petitioner seeks a direction against the collector to initiate an enquiry in pursuance of the representation filed by the petitioner. According to the petitioner, who claims to be the president of the municipal council, there are some irregularities in the municipal council and there is an illegal deduction of 10% amount from the salary and pension of the employees. It is stated that though the commissioner has directed the collector to look into the matter, the collector has not taken any action.

The concerned employees that are facing the alleged wrongful deduction should be aggrieved by the action on the part of the municipal council but, none of the employees have approached this court challenging the said action. The president of the municipal council has filed this writ petition. It appears that the president of the municipal council belongs to one of the factions in the municipal council and the decision of the municipal council, that is taken by majority, is not as per the desire of the petitioner. If the

WP4984-16 salary of the employees is wrongfully deducted, the employees should be the aggrieved persons. It would not be proper to issue directions against the collector in a writ petition filed by the petitioner for taking action against the municipal council.

In the circumstances of the case, we dispose of the writ petition with no order as to costs.

JUDGE JUDGE APTE