Pramod Kishorsingh Rajput vs State Of Maharashtra & Others
2016 Latest Caselaw 3174 Bom

                                                 1/2                  2306wp1213.2000-Judgment




                                                                                              
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.




                                                                    
                           WRIT PETITION NO. 1213   OF   2000

     PETITIONER :-                        Pramod   Kishorsingh   Rajput,   aged   33   yrs,
                                          Occu: Service, r/o Tilak Ward, Near B & C




                                                                   
                                          Rest House, Warora, Dist: Chandrapur.  

                                             ...VERSUS... 

     RESPONDENTS :-                  1) State of Maharashtra, through the Secretary,




                                                   
                                        Rural   Development   &   Water   Conservation
                               ig       Department, Mantralaya, Mumbai-400 032. 
                                     2) Divisional   Commissioner,   Nagpur   Division,
                                        Nagpur. 
                             
                                     3) Zilla Parishad, Chandrapur through its Cheif
                                        Executive Officer, Chandrapur. 
     ---------------------------------------------------------------------------------------------------
                        Mr. B.G. Kulkarni, counsel for the petitioner. 
      


              Mr. N.R.Rode, Asstt.Govt.Pleader for the respondent-State. 
     ---------------------------------------------------------------------------------------------------
   



                                                CORAM : SMT. VASANTI A. NAIK &
                                                        MRS.SWAPNA JOSHI,  JJ.

DATED : 23.06.2016

O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)

By this writ petition, the petitioner challenges the order of

the respondent No.1, dated 30/12/1999 dismissing the appeal filed by

the petitioner against the order imposing a penalty of withholding of

one increment of the petitioner for a period of one year.

2. Shri B.G.Kulkarni, the learned counsel for the petitioner,

2/2 2306wp1213.2000-Judgment

inter alia, challenges the impugned order on the ground that the same is

extremely cryptic and does not record any reason whatsoever for

rejecting the appeal filed by the petitioner. It is stated that it was

necessary for the respondent No.1 to have recorded some reasons while

dismissing the appeal.

3. On a perusal of the order, we find much force in the

submission made on behalf of the petitioner. Since the appeal is filed to

the State Government under the provisions of Maharashtra Zilla

Parishad District Services (Discipline and Appeal) Rules, 1964, it was

necessary for the State Government to have recorded some reasons

before dismissing the appeal. Since the order is sans reasons, the same

cannot be sustained.

4. Hence, for the reasons aforesaid, the writ petition is partly

allowed. The impugned order is quashed and set aside. The matter is

remanded to the State Government to decide the appeal of the

petitioner, in accordance with law. The petitioner undertakes to appear

before the State Government on 25/07/2016. The State Government

should decide the appeal of the petitioner as early as possible and

positively within a period of six months. Rule is made absolute in the

aforesaid terms with no order as to costs.

                                   JUDGE                                             JUDGE 
     KHUNTE