Bombay High Court
Ku. Lata Ramdash Katoke (Mrs. Lata ... vs The State Of Maha. Thr. Secretary, ... on 11 November, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAW) NO.2426/2022 AND WRIT
PETITION NO.2485/2020
Ku. Lata Ramdash Katoke,
(Mrs. Lata Rajesh Iche), aged
about 44 Yrs., Occ. Service,
R/o Narayannagar, Tal. Daryapur,
Dist. Amravati. ... Petitioner
- Versus -
1. The State of Maharashtra,
through its Secretary, Rural
Development Department,
Mantralaya, Mumbai.
2. The Zilla Parishad, through its
Chief Executive Officer, Amravati.
3. The Divisional Commissioner,
Amravati Division, Amravati.
4. The Education Officer (Primary),
Zilla Parishad, Amravati. ... Respondents
-----------------
Mr. Nitin Shridhar Autkar, Advocate for the Petitioner.
Mr. K.L. Dharmadhikari, Additional Government Pleader for
Respondent Nos.1 and 3.
Mr. N.R. Saboo, Advocate with M.G. Rathi, Advocate for
Respondent Nos.2 and 4.
----------------
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CORAM : SUNIL B. SHUKRE
AND ANIL L. PANSARE, JJ.
DATE : 11.11.2022
ORAL JUDGMENT (Per Sunil B. Shukre, J.)
Heard. Rule. Rule made returnable forthwith. Heard
finally by consent of learned counsel for the parties.
2. In compliance with the order passed on 19.10.2022
Mr. Avishyant Panda, Chief Executive Officer, Zilla Parishad,
Amravati is personally present before this Court. Realizing his
mistake, Mr. Panda has admitted it and, therefore, has tendered
unconditional apology and also prayed for grant of leave to delete
two sentences of his affidavit dated 7.10.2022 which refer to
incorrect facts.
3. We are of the view that the statements having been
made on oath, irrespective of the nature of their contents, it may
not be proper for this Court to grant leave to Mr. Panda to remove
the statements from the affidavit already sworn in by him. If it is
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to be permitted by this Court, it may mean that the officer told
lies on oath, which may not prove to be in the interest of the
officer in the long run. However, the most important fact is that
the officer has realized his mistake and we are of the view that it is
only the realization of the mistake that paves the way for further
progress and improvement, which is already promised by his
candid admission before this Court and tendering unconditional
apology. The unconditional apology submitted by the officer is
accepted. Now, there is no need to proceed any further in the
matter and the motion initiated by this Court vide its order dated
19.10.2022 is now closed. The Civil Application (CAW)
No.2426/2022 is disposed of in the above terms. No costs.
4. Mr. Saboo, learned counsel for Zilla Parishad,
Amravati submits that Zilla Parishad, Amravati is willing to
accord fresh consideration to the request of the petitioner for her
transfer back to Daryapur, under the husband and wife
unification policy of the State. On being questioned by this
Court, learned counsel for the Zilla Parishad informs that there
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are vacancies of school teachers in the schools situated within
territorial jurisdiction of Daryapur Panchayat Samiti and,
therefore, the petitioner could be accommodated by her transfer
to any of such schools.
5. In view of the above, we direct Zilla Parishad,
Amravati to grant request of the petitioner for being posted in
suitable and appropriate school within the territorial limits of
Daryapur Panchayat Samiti, under the husband and wife
unification policy of the State. Petition is disposed of in the
above terms. No costs.
6. As agreed by Zilla Parishad, Amravati transfer order
shall be issued in favour of the petitioner within two weeks from
the date of the order. Rule is made absolute in the above terms.
No costs.
(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE, J.)
Tambaskar.
Signed By:NILESH VILASRAO
TAMBASKAR
Private Secretary
Date:11.11.2022 19:11
