Shekhar S/O Purushottam Kannao And Another v. The State Of Maharashtra, Thr. Secretary, Urban Development Dept., Mumbai And Another

2025:BHC-NAG:2718-DB 1 55.WP.5183-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5183 OF 2024 ( Shekhar s/o Purushottam Kannao & Anr.

Vs.

The State of Maharashtra, Thr. its Secretary, Urban Development Department, Mantralaya, Mumbai & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.P. Kannao, Petitioner-in-person.

Mr. N.R. Patil, AGP for the Respondent No.1/State. Mr. M.I. Dhatrak, Advocate for the Respondent No.2. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 18th MARCH, 2025 1.

Heard.

2.

On 06.03.2025, we have recorded the following position:

"On the complaint of the petitioner-in-person, a departmental enquiry is initiated in which punishment is already imposed upon the respondent No.2. The petitioner in person is aggrieved by the quantum of punishment imposed upon the respondent No.2. However, we find that once the petitioner-in-person has lodged the complaint, he has no role to play in the departmental enquiry, except may be perhaps as a witness. The statutory rules applicable also do not permit any appeal against such imposition of punishment in the departmental enquiry at the behest of the petitioner-in-person, who is the complainant. The petitioner-in-person seeks some accommodation to address the Court on this point, considering which, list the matter on 07.03.2025."

2 55.WP.5183-2024.odt 3.

Today the Petitioner-in-person is unable to point out to us any provision or policy, which permits him to challenge the punishment imposed upon the Respondent No.2 in the Departmental Enquiry. That being the position, we are unable to entertain the Petition, the same is dismissed. No costs.

4.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 18/03/2025 19:14:19