Bharat S/O Digamber Bunde v. Chief Executive Officer, Zilla Parishad, Sindhudurg And Another

1 wp5780.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5780 OF 2013 [Bharat s/o Digamber Bunde .vs. Chief Executive Officer and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri M.V. Bute, counsel for the petitioner, Ms. N.P. Mehta, AGP for the respondent no.2.

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CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATED : OCTOBER 28, 2015.

By this petition, the petitioner sought a direction against the respondent no.1-Chief Executive Officer, Zilla Parishad, Sindhudurg to protect the services of the petitioner, in view of the full bench decision and the decision rendered by the Hon'ble Supreme Court in the case of Kavita Salunke.

The learned Assistant Government Pleader Ms. Mehta raises an objection to the tenability of the writ petition at the Nagpur Bench of the Bombay High Court. It is stated that the petitioner has not challenged the order of the scrutiny committee at Nagpur and has only sought a direction to the respondent no.1-Chief Executive Officer, Zilla Parishad, Sindhudurg to protect the services of the petitioner. We uphold the preliminary objection raised on behalf of the respondent no.2 and decline to entertain the writ petition. The writ petition is disposed of, with no order as to costs. The petitioner is at liberty to file appropriate proceedings at the principal seat. The points raised in the writ petition are kept open. No costs.

JUDGE JUDGE Gulande