1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7910 OF 2009 Sahebrao Bapurao Patil Kurhade, R/o-Samarth Nagar, Kannad, Tq-Kannad, Dist-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through it's Secretary, Co-operation, Cotton & Textile Department, Mantralaya, Mumbai, 2) The Director of Cotton Federation, Maharashtra State, Pune, 3) The District Deputy Registrar, Co-operative Societies, Aurangabad, 4) The Asstt. Registrar, Co-operative Societies, Tq-Kannad, Dist-Aurangabad. ...RESPONDENTS. ... Mr.P.B. Shirsath Advocate for Petitioner. Mr.S.K. Tambe, A.G.P. for Respondents. ... 2 CORAM: A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 22ND JANUARY, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The grievance of the Petitioner is that although the order passed by the Desk Officer, Maharashtra State dated 31st August, 2009, at page No.12 of the Paper Book, appointing Administrative Board includes the name of the Petitioner at Sr. No.2 amongst the five Members Board, however, the Respondent No.4 did not appoint the Petitioner as Member of the said Administrative Board, on a specious plea that an enquiry under Section 89(A) of the Act was pending against the Petitioner. 3. According to the Petitioner, the assumption of the said Authority was misplaced. However, the 3 Respondents, in particular, Respondent Nos. 2, 3 and 4 have filed affidavit of Assistant Registrar, Co-operative Societies, which points out that an enquiry was already pending against the Petitioner. Paragraph 5 of the affidavit discloses the steps which were taken in the said enquiry including the steps taken by the inspection team of four members on 24th August, 2009. The fact that the said enquiry was pending, had obviously gone un-noticed when the order dated 31st August, 2009 came to be passed. That fact was noticed subsequently and remedied in the order passed by the Assistant Registrar on 29th October, 2009. As a matter of fact, the Desk Officer, has subsequently issued letter dated 28th October, 2009 addressed to the Director of Marketing, pointing out that serious allegations are pending enquiry against the Petitioner. 4. Thus understood, no fault can be found with the order passed by the Assistant Registrar dated 29th October, 2009 to exclude the Petitioner from 4 the Administrative Board. No interference is warranted. Hence Writ Petition is dismissed. [S.S. SHINDE, J.] [A.M. KHANWILKAR, J.] asb/JAN10/wp7910.09