1 ASWP-2803-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2803 OF 2011 Shri Maruti Pandurang Olekar ...Petitioner Versus The Chief Officer, Zilla Parishad and ors. ...Respondents Mr.G.M.Savagave for petitioner. Mr.N.P.Deshpande for resp.nos.1 to 3. Mr.A.B.Vagyani, AGP for resp.nos.4 and 5. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. August 25, 2011. P.C. 1. Heard Mr.Savagave, the learned counsel for the petitioner and Mr.Vagyani, the learned AGP appears for respondent nos.4 and 5. 2. The petitioner came to be appointed as a Multipurpose Health Service Worker by the Zilla Parishad, Pune vide its order dated 19/2/2009 2 ASWP-2803-2011 and against a post reserved for sports person in open category. He claimed that he had participated in State / National level sports meets / competitions. However, it appears that during the enquiry conducted by respondent no.4 it was revealed that the certificate was fake and fabricated. The respondent no.5, therefore, by his letter dated 21/12/2010 addressed to the District Health Officer informed that the petitioner was not qualified to be appointed for the post reserved for the sports person. Apprehending termination the petitioner approached this Court. 3. Shri Naga Bira Mote, Deputy Director, Sports and Youth Service has filed an affidavit as well as additional affidavit on behalf of respondent nos.4 and 5 and has stated that an enquiry was conducted into the claim made by the petitioner as a sports person and the concerned sports bodies informed him in writing that the petitioner had not participated in any State / National level competition of Taekwondo. 4. There is no dispute that the petitioner worked for more than one year and it was necessary to hear him before any adverse order affecting his appointment was passed based on the enquiry conducted by the respondent no.5. The breach of the principles of natural justice is 3 ASWP-2803-2011 apparent on the face of the record and solely on that ground the petition has to be allowed directing respondent no.5 to issue a show cause notice to the petitioner so as to provide an opportunity of hearing. 5. Hence the petition is partly allowed and it is directed that the respondent no.5 will issue a show cause notice to the petitioner within a period of four weeks from today and the petitioner shall be heard on the said show cause notice and a fresh order on merits will be passed by the respondent no.5 regarding the status of the petitioner as a sports person. This shall be done within a period of eight weeks from the date of issuance of the show cause notice. The order of status quo passed earlier to continue to operate for a period of three months from today. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)