FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/4202/2011 SHRIRANG TOLARAM JADHAV AND ORS VERSUS THE STATE OF MAHARASHTRA AND ORS ... Shri Chapalgaonkar S.G., Advocate for petitioners Shri Dighe V.H., AGP for respondents. ... CORAM : D.B.BHOSALE & S.B.DESHMUKH,JJ. Dated : June 23, 2011 ... 1. Heard learned counsel for parties. 2. In this petition, the petitioners are seeking the following reliefs. " (B) By issuing writ of certiorari or any other appropriate writ order or direction in like nature, the impugned order dated 15.4.2011 bearing No. ZPB/SKV/DVS-TVS/Recovery/14/ 2011-12, passed by respondent No.3 Chief Executive officer, Zilla Parishad, Beed, may kindly be quashed and set aside. (C) By issuing writ of prohibition or any other appropriate writ, order or direction in like nature, the respondent No.4 may kindly be restrained from acting upon the impugned order dated 15.4.2011 bearing No. ZPB/SKV/DVS-TVS/ Recovery/14/2011-12, passed by respondent No. 3 Chief Executive officer, Zilla Parishad, Beed" 3. The impugned order dated 15.4.2011 passed by respondent 3 is admittedly an appealable order under Rule 13 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules 1964. Though the petitioners were aware about this provision, Shri Chapalgaonkar, learned Counsel for the petitioners submitted that they have approached this Court, since the impugned order is passed by respondent 3 on the basis of directions issued by the Divisional Commissioner dated 9.11.2010, which is an appellate FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/4202/2011 authority. In our opinion, that cannot be a ground to bypass the stage of appeal as provided under the afore- mentioned Rule. It is not disputed that the directions issued by the Divisional Commissioner dated 9.11.2010 were issued without giving an opportunity of hearing to the petitioners Keeping that in view, we are satisfied that the following order shall meet the ends of justice. (A) It is open to the petitioners to file appeal/s before the Divisional Commissioner as provided for under Rule 13, within a period of four weeks from today. (B) If the petitioners file appeal/s, as afore- mentioned, the Divisional Commissioner shall deal with the same on merits in accordance with law and uninfluenced by the directions issued by him vide letter dated 9.11.2010 (Exhibit "C" to the petition) and that he shall dispose of the appeal/s by speaking order/s. (C) It is open to the petitioners to file their written submissions before the Divisional Commissioner, if they so desire. (D) We hope that the Divisional Commissioner shall deal with all the contentions that will be urged before him in the appeal/s. (E) The Divisional Commissioner shall decide the appeal/s expeditiously. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (3) WP/4202/2011 (F) It is also open to the petitioners to file application/s for interim order, if so advised. If the petitioners file application/s for interim order, we hope that the Divisional Commissioner shall deal with the same and shall pass appropriate orders within a period of four weeks from the date of filing of such application/s. (G) It is made clear that while passing this order, we have not examined merits of the case. 4. With this order, Writ Petition is disposed of. (S.B.DESHMUKH, J.) (D.B.BHOSALE,J.) akl