1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2850 OF 2010 Keshav s/o Gangaram Jadhav .. Petitioner Versus The Zilla Parishad, Latur, through its Chief Executive Officer, Latur, Tq. and Dist.Latur & anr. .. Respondents Mr.V.D.Salunke, Advocate for petitioner Mr.V.D.Hon, Advocate for respondent No.1 Mr.S.K.Tambe, A.G.P. for respondent No.2 CORAM : P.V.HARDAS AND N.D.DESHPANDE, JJ. DATE : 2nd July 2010 PER COURT : 1. A preliminary objection is raised by Mr.V.D.Hon, learned Counsel for respondent No.1 that the order impugned in the present petition is susceptible to being challenged under Rule 13 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal )Rules, 1964 before the appellate authority. Mr.Hon, learned Counsel for respondent No.1 further states that the appeal, if any preferred by the petitioner would obviously be maintainable as the action was taken against the petitioner while the petitioner was in service. 2. In that light of the matter, therefore, we dismiss the petition and relegate the petitioner to avail alternate remedy available to the petitioner in law. It is needless to state that the petitioner would have the liberty of 2 filing a petition afresh in this Court after the decision of the appeal, if the petitioner is so aggrieved by the order of the appellate authority. Since none of the points raised in the petition have been adjudicated by us, all points are kept open. The appellate authority shall take into consideration the period spent by the petitioner in this Court, i.e. from 30th March 2010 till today. Writ Petition is accordingly dismissed with the aforesaid liberty and directions with no orders as to costs. ( N.D.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/2850.10wp)