Gram Panchayat Gummi, Buldhana Thr. Sarpanch, Sau. Chhaya Nandkishor Hundiwale v. State Of Maharashtra, Thr. Secretary, Ministry Of Rural Development Dept., Mumbai And Others

2023:BHC-NAG:17456-DB 1 wp 8406.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.8406/2023 (Gram Panchayat Gummi 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. Ram Karode, Advocate for Petitioner.

Mr. A.S. Fulzele, Addl.GP for respondent nos.1, 2, 3 and 5. CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 22-12-2023.

The submissions of learned Counsel appearing for the petitioners are the Deputy Chief Finance OfÏcer had already conducted an enquiry and has submitted its report dated 27-04-2023 to the Chief Executive OfÏcer. According to him, despite the aforesaid, the Collector has directed fresh enquiry in the matter as could be noticed from the communication dated 14-09-2022 at Annexure-L. 2.

Learned Additional Government Pleader would oppose the prayer, as according to him, the enquiry report is dated 27-04-2023, whereas the enquiry directed by the Collector is dated 14-09-2022 that too in relation to a different subject matter.

3.

We have appreciated the rival claims.

4.

In the enquiry report dated 27-04-2023 submitted to the Chief Executive OfÏcer, Zilla Parishad, the subject matter of the enquiry directed by the Collector vide impugned order dated 14-09-2022 is not covered.

2 wp 8406.23.odt 5.

That being so, it cannot be said that the Collector has illegally directed an inquiry into the matter. The petition lacks merit, hence, the same is dismissed.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J. ) Deshmukh