Ajarashirin Mohammedhussain Dharashivkar v. The State Of Maharashtra Through Secretary And ORS

suresh 913-WPL-14981.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION {L} NO.14981 OF 2018 Ajarashirin Mohammedhussain Dharashivkar .... Petitioner Vs.

The State of Maharashtra & Ors.

.... Respondents Mr. Tassawar M. Sagari for the Petitioner.

Mr. S.B. Kalel, AGP, for the Respondent­State. CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : JUNE 14, 2018 P.C:

After hearing the petitioner's Advocate, in our opinion, the petitioner can approach the Maharashtra Administrative Tribunal so as to impugn the action of recovery which is alleged to have been initiated against him during the course of rendering service on deputation with the Education Officer (Secondary), Zilla Parishad, Solapur. The services of the petitioner, then Accounts Officer and in the service of the

suresh 913-WPL-14981.2018.doc Department of Education, Government of Maharashtra, were made over temporarily and on the own showing of the petitioner, in terms of para 3 under a scheme. In such circumstances, the petitioner has alternate and equally efficacious remedy of approaching the Tribunal. We do not think that we should entertain the petition once the alternate remedy is efficacious and complete as is apparent from the Administrative Tribunals Act, 1985. The writ petition is dismissed on that ground alone.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)