Abhijit Jagannath Thakre vs The Chief Executive Officer, ...
2022 Latest Caselaw 13114 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH : NAGPUR

                    WRIT PETITION NO. 7200 OF 2022

      Abhijit Jagannath Thakre
      Aged 45 Years, Occu-Junior Assistant in
      Zilla Parishad, Amravati, R/o Ramnagar,
      Amravati.                                             ... PETITIONER

                  VERSUS

      The Chief Executive Officer
      Zilla Parishad, Amravati,       Tahsil    and
      District Amravati.                                   ... RESPONDENT



Mr. R. S. Parsodkar, Advocate for Petitioner.
Mr. M. G. Rathi, Advocate for Respondent.


            CORAM       : A. S. CHANDURKAR AND ANIL L. PANSARE, JJ.

            DATE        : DECEMBER 16, 2022.



ORAL JUDGMENT - [PER ANIL L. PANSARE, J.]

.           Heard Mr. Parsodkar, learned Counsel for the Petitioner and

Mr. Rathi, learned Counsel for the Respondent.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

3. The Petitioner has putforth the following prayer :

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"1. By issuance of appropriate order or direction in the nature of Mandamus/Certiorari, quash and set aside the impugned order of suspension dated 20/10/2022 served on the Petitioner on 19/11/2022 bearing No. ZP/GAD/5322/2022 which is at Annexure VII being illegal and arbitrary."

4. We have considered the rival submissions.

5. It appears that the impugned order dated 20/10/2022 came to be passed in view of the lapses allegedly committed by the Petitioner in handling the brief relating to Writ Petition No. 2485/2020 filed by Ku. Lata Ramdash Katoke against the Respondent.

6. Mr. Parsodkar, learned Counsel for the Petitioner has drawn our attention to the order dated 19/10/2022 passed by the Co-ordinate Bench of this Court in Writ Petition No.2485/2020. The relevant paragraphs read thus :

"2. We have gone through the clarification dated 6/10/2022 filed by Avisshyant Panda, Chief Executive Officer, Zilla Parishad, Amravati.

3. On going through the clarification, we find that false submissions have been made in the clarification, which is supported by an affidavit. In paragraph 4, it is stated that this Petition was to be fixed for hearing on 17/3/2021, but, could not be listed for hearing due to Covid-19 pandemic and thereafter this petition came to be listed for the first time after 24/2/2021, on 20/9/2022 i.e. almost after a period of 1 ½ years.

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4. The submission that this petition came to be listed after a period of almost 1 ½ years from 24/2/2021 and only on 20/9/2022, is patently false and, prima facie, appears to be made with a knowledge that it was false. This is because of the fact that the matter was listed on board for hearing on 24/2/2021 and, thereafter, the record shows that, the petition was listed for hearing on 21/10/2021. The record further shows that on 24/2/2021, Mr. Saoji, learned Counsel for respondent Nos.2 and 4 i.e. Zilla Parishad, through its Chief Executive Officer, Amravati and the Education Officer (Primary), Zilla Parishad, Amravati, was present before the Court. Since, he had not filed Vakalatnama by that time and also not filed any reply, this petition was adjourned to the next date by this Court. Thereafter, this petition was listed on 15/12/2021, but even on that day, no Vakalatnama was filed by Mr. Saoji. Of course, on 15/12/2021, learned Counsel for the Petitioner submits, that he had informed this Court that Mr. Saoji was no more, having fallen victim to Covid-19 pandemic. There was one more date thereafter. It was the date on 23/12/2021.

5. We, therefore, issue notice to Mr. Avissahyant Panda, as to why action for making misleading statements on oath before this Court and also for committing the offence of perjury, thereby interfering in administration of justice, be not taken against him. He is further directed to remain personally present before this Court on the next date."

7. In response to the said order, the Respondent filed an affidavit. The Chief Executive Officer has stated that the affidavit dated 7/10/2022 was drafted as per the information furnished by the concerned officials of the Zilla Parishad and Law Officer who received information from earlier Panel Counsel Adv. Vivek Sawarkar. According to the Respondent, he was 4/6 Judg.42.wp.7200.2022.odt

under the bona fide impression that the said statement in the affidavit is correct and that the mistake committed is inadvertent. It is also stated in the affidavit that he sought explanation in this regard from the Petitioner herein, who vide his explanation/communication dated 20/10/2022 has furnished wrong information that there is no Inward entry of second notice issued by this Court in Writ Petition No. 2485/2020. The Respondent, upon verifying Inward Register of the office found that the Petitioner has given false information, and therefore, the Respondent initiated disciplinary action vide order dated 20/10/2022. The Petitioner has been placed under suspension.

8. Mr. Parsodkar, vehemently argued that the Petitioner is being made scape goat because of the harsh order dated 19/10/2022 passed by this Court in Writ Petition No. 2485/2020. The stand of the Respondent before the Co-ordinate Bench was that the mistake has been committed by the Panel Advocate Vivek Sawarkar. Mr. Parsodkar, has drawn our attention to paragraph No.7 of the reply filed by the Respondent in this Petition. It states that the explanation was sought from Adv. Sawarkar, who did not respond, and therefore, on 4/10/2022 his Vakalatnama was withdrawn and that he has been removed from the Panel of the Counsel for representing Respondent - Zilla Parishad.

9. Thus, according to Mr. Parsodkar, the fault, if any, is attributable to Advocate Sawarkar and not to the Petitioner.

10. Mr. Rathi, learned Counsel for the Respondent has, however, rightly pointed out that the lapse under question refers to 5/6 Judg.42.wp.7200.2022.odt

inaction on the part of the Petitioner despite receiving second notice, on 23/3/2022, issued by this Court in Writ Petition No. 2485/2020. According to him, the notice dated 15/12/2021 issued by this Court calling upon the Respondent to remain present in the Court was received in the office of Zilla Parishad on or about 23/3/2022. The Inward entry dated 23/3/2022 would reflect such status. The Petitioner failed to bring the said notice to the knowledge of the seniors, and therefore, his explanation was called vide letter dated 19/10/2022. The Petitioner, on 20/10/2022, responded that such notice was not received in the office.

11. Mr. Rathi, has drawn our attention to the Inward Register. It appears that the notice was received in the office of Zilla Parishad on 23/3/2022. The entry in Movement Register would show that the said notice was handed over to the Petitioner under acknowledgment on or about 24/3/2022. Thus, on the face of the record, it appears that the Petitioner has made an incorrect statement in his explanation furnished to the Respondent regarding receipt of the notice.

12. Mr. Parsodkar submits that the Inward Register has been tampered with to implicate the Petitioner.

13. We, however, in writ jurisdiction cannot go into the aspect of tampering with the Inward Register without there being any evidence on this point. The argument made by Mr. Parsodkar could be said to be the probable defence of the Petitioner which he may raise in the proceedings initiated against him. There are claims and counter-claims which are in the nature of disputed facts, and therefore, we are not inclined to exercise 6/6 Judg.42.wp.7200.2022.odt

the discretionary jurisdiction under Article 226 of the Constitution of India.

14. The Writ Petition is dismissed accordingly. All the contentions raised in this Writ Petition are kept open.

15. Rule is discharged. No costs.

                  (ANIL L. PANSARE, J.)                            (A. S. CHANDURKAR, J.)


                  Yadav VG




Digitally Signed ByVIJAYA
GOURISHANKAR YADAV
Signing Date:20.12.2022
19:21