Milind Govindrao Kachare v. State Of Maharashtra, Thr. Secretary, Housing Department, Mumbai And Others

963-8227-22.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Milind Govindrao Kachare, Yogiraj Colony, Amravati -vsState of Maharashtra, Thr. Secretary, Housing Dept. Mantralaya, Mumbai and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri A. A. Choube, Advocate for petitioner.

Shri A. S. Fulzele, Additional Government Pleader for respondent No.1. Shri B. Mohta, Advocate for respondent Nos.2 and 3. CORAM : A. S. CHANDURKAR AND M. W. CHANDWANI JJ. DATE : April 18, 2023 P. C.

1.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

2.

The petitioner was serving as an Assistant Architect with respondent No.2-Maharashtra Housing and Area Development Authority (MHADA). His services came to be terminated on 03/10/2022 pursuant to a departmental enquiry held against him. Against the order of dismissal the petitioner has preferred an appeal that lies before the President of MHADA. The petitioner seeks a direction for expeditious consideration of that appeal.

3.

The learned counsel for respondent Nos.2 and 3 submits that presently the post of President is lying vacant and the charge is with the Vice-President of the respondent No.2. 4.

In these facts, the following order would serve the ends of justice:

(i) The petitioner is permitted to raise additional grounds in challenge to the order of dismissal dated 03/10/2022. Said grounds shall be raised within a period of fifteen days from

963-8227-22.odt 2/2 today supplementing the petitioner's representation dated 17/10/2022.

(ii) The respondent No.2 through its Vice-President shall within a period of eight weeks of additional grounds being raised, decide the appeal of the petitioner in accordance with law. (iii) Necessary opportunity shall be given to the petitioner to represent himself before the Appellate Authority. (iv) The decision taken be communicated to the petitioner. (v) With aforesaid directions, the Writ Petition is disposed of. Rule accordingly. No costs.

(M. W. Chandwani, J.) (A. S. Chandurkar, J.) Asmita ADWAIT BHANDAKKAR 10:38:28