Amol Subhash Bhadane v. The State Of Maharashtra Through Its Secretary And Others
2026:BHC-AUG:13930-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 68 OF 2026 Amol Subhash Bhadane
VERSUS
The State Of Maharashtra Through Its Secretary And Others Ms. Devyani Sonawane h/f Mr. N. L. Chaudhari, Advocate for petitioner Ms. N. B. Kamble, AGP for respondent-State
CORAM
: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.
DATE : 01st April, 2026 PER COURT :- 1.
Present petition has been filed for following reliefs :- "B.
By issuing a writ of certiorari or any other appropriate writ, order or directions, the impugned judgment and order dated 24th February, 2025 passed by the Additional Divisional Commissioner, Nashik in Appeal No. 15 of 2024 as well as the order dated 18th December, 2023 passed by Chief Executive Officer, Zilla Parishad, Dhule in Case No. DZP/GP-2/Enq/792/2023 be quashed and set aside and for that purpose necessary directions be issued.
C.
By issuing a further writ of mandamus or any other appropriate writ, order or directions, the respondent No. 1 be directed to decide the appeal filed by petitioner bearing Appeal No. 166 of 2025 favourably within stipulated time and for that purpose necessary directions be issued."
2.
Heard learned Advocate, Ms. Sonawane, holding for learned Advocate, Mr. Chaudhari for petitioner and learned AGP, Ms. Kamble, for
respondent-State.
3.
Learned Advocate for petitioner submits that the petitioner was employed as "Gram Sevak" in the service of Zilla Parishad at Grampanchayat, Chakadu, Tq. Shirpur, Dist. Dhule. Some allegations must made regarding the alleged acts against him by name, and therefore, respondent No. 3 had undertaken the inquiry by order dated 03.03.2020. The petitioner came to be suspended and thereafter, on 11.05.2020, nine charges were proposed and framed against him. He had given detailed explanation. Departmental Inquiry was initiated and it was handed over to Assistant Commissioner (Inquiry) on 18.12.2020. The inquiry report was submitted to the respondent No. 3 on 24.01.2022. According to the petitioner, he was not given adequate opportunity to present his case.
Thereafter, a final show cause notice was served upon the petitioner to which also he had given a written explanation on 20.11.2023. Without considering the explanation, respondent No. 3 has punished him with compulsory retirement by order dated 18.12.2023. Respondent No. 3 had directed the period of suspension of the petitioner and an amount of Rs. 42,42,000/- has been shown to be recoverable from the petitioner and order is passed that amount should be recovered from the retiral benefits of the petitioner.
respondent No. 2 by filing Appeal No. 15 of 2024 with respondent No. 2. The respondent No. 2 then by order dated 24.02.2025, dismissed the appeal. In the appeal itself, it was mentioned that the petitioner can challenge the said decision by way of revision as per Rule 15(1)(c) of the Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964. The said revision is not yet been decided by respondent No. 1.
4.
Learned Advocate for the petitioner has taken us through the documents and submits that the orders passed by respondent Nos. 2 and 3 are illegal in view of the fact that appropriate opportunity was not given to the petitioner to present his case i.e., orders are suffering from principles of natural justice, and therefore, deserves to be set aside. 5.
When the statutory revision is pending before the respondent No. 1, it will not be appropriate for this Court to enter into the merits of the matter. Therefore, we dispose of the writ petition by directing respondent No. 1 to decide the revision/appeal No. 166 of 2025 within a period of three months from today.
(Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi