Ramdas Kashinath Bade vs State Of Maharashtra & 5 Ors
2017 Latest Caselaw 4256 Bom

Judgment                                                                                               wp.4699.02

                                                           1



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

                                  WRIT PETITION N0. 4699/2002

*              Ramdas s/o Kashinath Bade,
               Aged about  33 years, occu: service
               R/o  Arwil, Tah. Notada, Dist.Buldana.                                         ..PETITIONER.

                                                     VERSUS

1)             State of Maharashtra 
               Through its Secretary
               Health Department 
               Mantralaya, Mumbai-32.

2)             The Collector, Buldhana,

3)             District Maleria Officer 
               Gadchiroli, Dist. Gadchiroli

4)             Joint Director 
               Health Centre (Maleria and Phalaria)
               Pune. 

5)             Deputy Director 
               Health Centre (Maleria), Nagpur. 

6)             District Resettlement Officer, 
               Buldhana.                                                                    ..RESPONDENTS
                                                                                                         . 

.........................................................................................................................
                None for the petitioner 
                Shri S.M.Ukey, Additional Government Pleader for 
                respondents
.........................................................................................................................

                                               CORAM: R.K. DESHPANDE  &
                                                        MRS.SWAPNA JOSHI, JJ.

DATED : 10th July, 2017.

Judgment wp.4699.02

ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)

None appears for the petitioner.

2. On 30th June 2017 we passed an order, as under :

" From the return filed by the respondent, it appears that the certificate dated 04.06.1999 produced by the petitioner showing that he is a person belonging to "project affected" category has been cancelled by an order dated 27.11.2002, on the ground that it is a false and bogus document. The return shows that the petitioner is in Class III service and working as Health Worker at Centre:Murumgaon, Sub-centre: Umarpal, Dist.Gadchiroli.

The learned A.G.P. was asked to take instructions as to whether the petitioner is still in service.

Put up this matter on Tuesday, the 4th July 2017. Learned A.G.P. Mr. Maldhure is requested to inform Mr. Karia, learned counsel appearing for the petitioner about listing of this matter."

3. Even today, none appears for the petitioner. Shri Ukey, the learned

Additional Government Pleader, upon taking instructions from the

respondents in terms of the aforesaid order, makes a statement that the

petitioner is in service as a 'project-affected' person. He further submits that

the order of cancellation dated 27.11.2002 impugned in this petition was

passed without providing an opportunity to the petitioner, which is the

Judgment wp.4699.02

specific ground raised in paragraph no. 8 of the petition. In view of this, the

order order cannot be sustained. The same will have to be set aside

granting liberty to the respondent nos.2 and 3 to issue show-cause notice

to the petitioner and take appropriate action in accordance with law.

4. In the result, the Writ Petition is allowed. The orders dated

27.11.2002 and 05.12.2002 at Annexures "E" and "F" to the petition, are

hereby quashed and set aside. The respondent nos. 2 and 3 are directed to

proceed ahead in accordance with law keeping in view the observations

made by this Court.

5. Rule is made absolute in the aforesaid terms with no order as to

costs.

                             JUDGE                                JUDGE
sahare