Appasaheb Pirtaji Chopde vs The State Of Maharashtra And ...
2017 Latest Caselaw 4677 Bom

                                                                 W.P.No.10111/2013
                                       1

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD

                        WRIT PETITION NO. 10111 OF 2013

Appasaheb s/o Pirtaji Chopde,
Age 43 years, Occu. Service,
R/o Rahuri (Kd) Taluka Rahuri,
District Ahmednagar                                      ..Petitioner

        Versus

1.      The State of Maharashtra,
        through Secretary,
        General Administration
        Department, Mantralaya,
        Mumbai

2.      Regitrar,
        Mahatma Phule Krishi Vidyapeeth,
        Rahuri, District Ahmednagar                      ..Respondents

Mr P.B. Patil, Advocate for petitioner Mrs P.V. Diggikar, A.G.P. for respondent no.1 Mr G.R. Jadhav, Advocate h/f Mr A.S. Shelke, Advocate for respondent no.2

CORAM : R.M. BORDE AND A.M. DHAVALE, JJ

DATE : 18th July 2017

ORAL JUDGMENT (Per R.M. Borde, J.)

1. Rule. Rule returnable forthwith. With the consent of parties,

petition is taken up for final disposal at admission stage.

2. The petitioner is objecting to the notice issued by the

respondent no.2 on 12th November 2013 calling upon him to show-

cause as to why action shall not be taken against him on account of

registration of a crime at Police Station, Rahuri against him.

3. The petitioner contends that he has been acquitted of the

charge levelled against him in Criminal Case No.261 of 2009 by

judgment and order dated 15th October 2016. In view of the acquittal

W.P.No.10111/2013

recorded, it would not be permissible for the department to take

action of termination against him and as such, the notice of

termination issued on 12th November 2013 is rendered redundant. In

identical circumstances, this Court dealing with Writ Petition No. 7937

of 2012 and other companion matters, in one of the petition arising

out of the same crime, directed quashment of notices of termination

issued against the concerned petitioners.

4. In view of the reasons recorded while disposing of Writ Petition

No.7937 of 2012 and other companion petitions, the instant petition

deserves to be allowed and same is accordingly allowed. The notice

of termination issued against the petitioner on 12 th November 2013

stands quashed and set aside.

5. Rule is made absolute to the extent as specified above. There

shall be no order as to costs.

       ( A.M. DHAVALE, J.)                   ( R.M. BORDE, J.)




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