Ravindra Gopichand Jibhkate ... vs Dilip Marotrao Hajare & 2 Others
2017 Latest Caselaw 4832 Bom

                                                                                                     wp.934.02

                                                        1



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

                               WRIT PETITION N0. 934/2002 

*        Ravindra Gopichand Jibhkate 
         Aged 36 years, occu: Police Patil /Cultivator
         R/o  Sawarla, Tah. Sawarla, 
         Tah.Pauni, Dist. Bhandara.                                                     ..PETITIONER.

                                                V E R S U S

1)       Dilip Marotrao Hajare 
         Aged 40 years, occu: cultivator 
         R/o Sawarla, Tah. Pauni 
         Dist. Bhandara.

2)       The State of Maharashtra 
         Through its Secretary
         Revenue Department 
         Mantralaya, Mumbai..

3)       The Sub-Divisional Officer
         Bhandara.                                                                  ..RESPONDENTS
                                                                                                 . 

...................................................................................................................
Shri A.Z. Jibhkate, Advocate for  the petitioner 
Shri V.P. Maldhure, Asst. Government Pleader for respondent nos. 2 & 3
..................................................................................................................

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

                                                 DATED :    20       th
                                                                        July, 2017
                                                                                  


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

The petitioner was appointed as a Police Patil pursuant to

wp.934.02

the proclamation issued on 20.10.2000, on the basis of written test and

the oral interview, by an order dated 27.02.2001. Since then he is

working as Police Patil.

2. The respondent no.1-Dilip Marotrao Hajare, had filed

Original Application No.219/2001 challenging the appointment of the

petitioner before the Maharashtra Administrative Tribunal, which

allowed it by judgment and order dated 08.02.2002. The appointment of

the petitioner has been set aside and the respondent no.1 herein is

directed to be appointed on the post of Police Patil of village Savarala.

Hence this Writ Petition.

3. The only ground on which the Tribunal set aside the

appointment is that due to inadvertence, it was mentioned in the

minutes of the meeting dated 30.11.1982, that the conduct of the

respondent no.1 was unsatisfactory and there was inconsistency.

4. We have gone through the police report placed on record on

page 13 Annexure 2 of the paper-book, wherein it is clearly mentioned

that the habits and conduct of the respondent no.1 were not satisfactory.

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It states that the respondent no.1 is in the habit of consuming liquor and

his behaviour is not good. The order dated 27th February, 2001 passed

by the Sub-Divisional Officer wrongly states that the police report of the

respondent no.1 is satisfactory. There is an error apparent on the face

of the record committed by the Tribunal in ignoring the police report.

The order impugned cannot therefore be sustained.

5. In the result, we allow this Writ Petition by quashing and

setting aside the judgment and order dated 08.02.2002 passed in

Original Application No.219/2001 by the Maharashtra Administrative

Tribunal and dismiss the Original Application. No order as to costs.

                         JUDGE                         JUDGE

sahare