Subhash Kondaji Sonwane vs The State Of Maharashtra Through Its ...
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Bombay High Court

Subhash Kondaji Sonwane vs The State Of Maharashtra Through Its ... on 25 January, 2024

2024:BHC-AUG:2448




                                                    1             3- W.P. No. 13191-2023.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                WRIT PETITION NO. 13191 OF 2023

                     Subhash Kondaji Sonwane,
                     Age : 59 Years, Occ. Superannuated,
                     R/o. At Pimple Post; Nanaj Dumla,
                     Tq. Sagamner, Dist. Ahmednagar.                   .. Petitioner.

                             VERSUS

               1.    The State of Maharashtra,
                     Through its Secretary,
                     Rural Development Department,
                     Mantralaya, Mumbai- 32.

               2.    The Divisional Commissioner, Nashik
                     Division Nasik.

               3.    The Chief Executive Officer,
                     Zilla Parishad, Ahmednagar.                  .. Respondents

                                                 .....
                     Advocate for the Petitioner : Mr. Khedkar Avinash S.
                     AGP for Respondent/State: Mrs. R. R. Tandale
                     Advocate for Respondent No.3 : Ms. Bhale Kavita S.
                                                ....

                                               CORAM : S. G. MEHARE, J.
                                               DATE : 25.01.2024

               JUDGMENT :

1. Rule. Rule made returanable forthwith. Heard fianlly with

consent of the learned counsel for the parties.

2. Issue notice to the respondents. Learned A.G.P. waives service of

notice for respondent Nos. 1 and 2, the learned counsel Mrs. Kavita S.

Bhale waives service of notice on behalf of Respondent No.3.

3. Both the learned counsels agreed that the issue before this Court

is covered by the judgment and order of this Court in case of Dattu

Namdeo Gadhe Versus The State of Maharashtra Through its Secretary

And Others Writ Petition No. 13189 of 2023 dated 8th January, 2024 .

This Court in the said order has modified the penalty and made it

operational for the period of five years from the date of penalty and

thereafter, the pay of the petitioner would stand restored.

4. The issue involved in this case is covered by above judgment.

Hence, the following order :-

ORDER

(i) The petition is allowed.

(ii) The penalty imposed on the petitioner is maintained. However, it is modified that it shall be operational for the period of five years from the date of penalty imposed and thereafter the pay of the petitioner would stand restored.

(iii) Rule made absolute in above terms.

( S. G. MEHARE ) JUDGE ysk