Madhavrao Hanmantrao Patil Takalikar v. The State Of Maharashtra Through The Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2660 OF 2024 Jayshri Deepak Patil And Others

VERSUS

Yashwantrao Manikrao Patil And Others ...

Mr. P. M. Nagargoje, Advocate for the Petitioners Mr. V. D. Salunke, Advocate for Respondent Nos. 1 to 5, 7 to 10 Mr. A. B. Tele, Advocate for Respondent No. 14 WITH WRIT PETITION NO. 557 OF 2024 Madhavrao Hanmantrao Patil Takalikar

VERSUS

The State Of Maharashtra Through The Secretary And Others ...

Mr. M. S. Kulkarni, Advocate for the Petitioner Mr. B. A. Shinde, AGP for Respondent Nos. 1 to 4 WITH CIVIL APPLICATION NO. 4393 OF 2024 IN WP/2660/2024 Sanjay Kishanrao Nade And Ors

VERSUS

Jayshri Deepak Patil And Others ...

Mr. P. B. Gapat, Advocate for Applicant ...

CORAM

: R.M. JOSHI, J DATE : JULY 22, 2024 PER COURT :

1.

Order passed by this Court on 29.04.2024 indicates that a suspicion is raised by the Petitioners

with regard to the bona fides of the Deputy Charity Commissioner, Latur in passing impugned order. Hence, learned AGP was directed to produce the record of the said proceedings before this Court.

2.

Perusal of the said record indicates that as per the statement of the stenographer, he never used to take dictation in the shorthand book, however, dictation was directly typed on the Computer. If it is so, it would be necessary to ascertain time at which the said dictation is given as Computer would disclose time of typing. After perusal of record, same is returned to learned AGP.

3.

It is also necessary to find out the time at which the Deputy Charity Commissioner, Latur was handed over with the transfer and promotion order. Hence, Joint Charity Commissioner, Latur is hereby directed to submit a confidential report to this Court regarding the service of order of transfer and promotion along with time at which it was served upon the Deputy Charity Commissioner.

4.

Learned Deputy Registrar (Computer Cell) was called and query was made to him as to the manner of ascertaining the aforestated facts as to the time at which these orders are typed. According to him, no personal visit is required and if the Hard Disk of the said Computer is called, the same can be verified in order to ascertain this fact.

5.

Hence, Joint Charity Commissioner, Latur to call upon the Superintendent of the Office to seize the Hard Disk of the Computer on which the learned Deputy Charity Commissioner, Latur has passed orders and the same were typed. The Seizure be done in presence of stenographer of the concerned Deputy Charity Commissioner, Latur. The Hard Disk be sent to this Court in sealed envelop. This exercise be done by tomorrow itself i.e., 23rd July, 2024 and Hard Disk be placed before this Court on 25th July, 2024.

6.

Stand over to 25th July, 2024. Interim relief to continue till next date of hearing.

7.

The learned Registrar (Judicial) of this Court

to communicate this order forthwith to Joint Charity Commissioner, Latur.

(R. M. JOSHI, J.) Malani