Yogesh Maroti Meshram And Another v. Gram Panchayat Shioni (Bk), Tq. Armori, Through Secretary And Others

1 wp6675.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

Writ Petition No. 6675 of 2015 (Yogesh Maroti Meshram and anr. Vs. Gram Panchayat Shioni (BK), Tq. Armori, Dist. Gadchiroli through its Secretary and ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri P. D. Meghe, Advocate for the petitioners CORAM : Smt. Vasanti A. Naik and Prasanna B. Varale, JJ.

DATE : 10-12-2015.

Heard.

By this petition, the petitioners challenge the order of the Sarpanch, Gram Panchayat, Shioni (Bujruk) dated 23-10-2015 terminating the services of the petitioners as Peon.

It is the case of the petitioners that the petitioners cannot avail the alternate remedy under Section 61 of the Maharashtra Village Panchayat Act as the impugned order appears to have been passed in terms of some orders or directions issued by the Block Development Officer, who could be the appellate authority under Section 61.

We however, find on a reading of the provisions of Section 61 that against an order of the appellate authority, a revision would lie before the Chief Executive Officer. The petitioners would be entitled to avail the remedy under Section 61 of the Act by filing an appeal - revision before the Chief Executive Officer.

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2 wp6675.15.odt In the circumstances of the case, we dispose of the writ petition with no order as to costs.

The petitioners are, however, free to file a revision - appeal before the Chief Executive Officer against the order of their termination. If such an appeal - revision is filed, the Chief Executive Officer may decide the same in accordance with law within a period of four months from the date of receipt of the appeal - revision after hearing the petitioners and the respondent - Gram Panchayat.

Order accordingly.

JUDGE JUDGE wasnik ...../-