Parshuram Bhuva Bamane And ORS v. The State Of Maharashtra And ORS

by SWAROOP SHARAD PHADKE Date: 2021.08.03 19:51:18 +0530 SWAROOP SHARAD PHADKE

21. civil wp 3407-21.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3407 OF 2021 Parshuram Bhuva Bamane & Ors.

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Petitioners

Versus

The State of Maharashtra & Ors.

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Respondents ...................

 Mr. Prajakt M. Arjunwadkar for the Petitioners  Mr. P.G. Sawant, AGP for the State  Mr. Pratap Patil for Respondent Nos. 5 and 6 ...................

CORAM : S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE : AUGUST 03, 2021.

P.C.:

Petitioners have filed the above Writ Petition, inter alia, seeking the following reliefs:- "(a) This Hon'ble Court may be pleased to issue writ of Mandamus or any other appropriate writ, or direction in the nature of writ of mandamus and be further pleased to direct Respondent No. 2 viz. The Commissioner (Revenue), Pune Division, Pune to grant permission in favour of Respondent No. 3 viz. Chief Executive Officer, Zilla Parishad Sangli to initiate appropriate enquiry against Respondent No. 5 Sarpanch under Section 39(1) of the Maharashtra Village Panchayat Act, 1958;

(c) This Hon'ble Court may be pleased to direct Respondent No. 3 viz. Chief Executive Officer, Zilla Parishad Sangli to complete pending enquiry against Respondent No. 6 Secretary under Maharashtra Zilla Parishad District Service (Discipline and Appeal) Rules, 1964 expeditiously and within a time bound period." 2.

As far as prayer clause (a) is concerned, learned AGP has today tendered a letter dated 02.08.2021 addressed to him by Deputy Commissioner (Administration), Pune Division, Pune informing him

21. civil wp 3407-21.doc that the permission has been granted in favour of Respondent No.3 viz. The Chief Executive Officer, Zilla Parishad Sangli to initiate appropriate enquiry against Respondent No. 5 Sarpanch by following due procedure of law as provided under Section 39(1) of the Maharashtra Village Panchayat Act, 1958.

3.

We direct Respondent No. 3 to initiate enquiry within a period of one week from today and to make an endeavour to complete the same enquiry within a period of four weeks from the date of commencement of the enquiry.

4.

As far as prayer clause (c) is concerned, Respondent No. 3 shall complete the pending enquiry against Respondent No. 6 under the Maharashtra Zilla Parishad District Service (Discipline and Appeal) Rules, 1964 within a period of three months from the date of this order.

5.

In view of the above directions, the above Writ Petition stands disposed of.

[ MILIND N. JADHAV, J. ] [ S. J. KATHAWALLA, J. ]