WP 8525/10 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8525/2010 Shri Syed Rahim Syed Razak, age 35 yrs., occu.service, r/o Neknoor Tq. & Dist.Beed. ...Petitioner.. Versus 1] The State of Maharashtra, through its Secretary, Rural Development and Soil Conservation Department, Mantralaya, Mumbai. 2] The Chief Executive Officer, Zilla Parishad, Beed. 3] The Block Development Officer, Panchayat Samiti, Beed. 4] Dinesh s/o Ramhari Gulbhile, age 29 yrs., occu.service, at present serving as Parichar in Zilla Parishad, Beed, r/o Jaiwantinagar, Ambejogai Tq.Ambejogai Dist.Beed. ...Respondents... ..... Shri S.S. Thombre, Advocate for petitioner. Shri V.D. Godbharle, AGP for respondent no.1. Shri N.L. Jadhav, Advocate for respondent nos.2 & 3. Shri R.N. Dhorde, Advocate for respondent no.4. WP 8525/10 - 2 - ..... CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE: 10.08.2011 PER COURT : 1] Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties. 2] The petitioner in this petition under Article 226 of the Constitution of India has impugned the order dated 7.9.2010 passed by respondent no.2 – Chief Executive Officer, Zilla Parishad, Beed, whereby the petitioner’s appointment as Extension Officer, Panchayat Samiti, has been cancelled. The petitioner was appointed on the said post vide order dated 14.1.2010. The basic challenge to the impugned order is on the ground that the said order was passed without giving an opportunity of hearing to the petitioner. In view of this submission, when we made certain suggestions to learned counsel for the parties, they accepted the same. Insofar as Shri S.S. Thombre, learned counsel for the petitioner is concerned, he, on instructions from his client, who is present in the Court, has also specifically agreed for the following order. 3] The order dated 7.9.2010 (Exhibit G) is set aside. The Chief Executive WP 8525/10 - 3 - Officer, Zilla Parishad, Beed, shall grant an opportunity of hearing to the petitioner, respondent no.4 and/or any other interested person, and pass fresh order recording brief reasons for the same, within a period of four weeks from the date of receipt of this order. Learned counsel for the petitioner and learned counsel for the Zilla Parishad shall communicate this order to the Chief Executive Officer within a period of one week from today. The petitioner and respondent no.4 are directed to appear before the Chief Executive Officer along with copy of this order and other supporting material, which they intend to rely upon, on 22.8.2011. If for any reason, the order that will be passed by the Chief Executive Officer is adverse to the petitioner, the petitioner undertakes to vacate the post of Extension Officer, which he is holding, immediately thereafter keeping his right to challenge the said order in appropriate proceedings intact. The petitioner is directed to file undertaking in this Court within a period of one week from today stating so with an advance copy thereof to the Advocates for the respondents. The right of the petitioner to challenge the order, that will be passed by the Chief Executive Officer, if adverse to him, shall remain intact and an appointment of any other person including respondent no.4 on the said post, if made in the meanwhile, shall be subject to outcome of the proceedings, if filed by the petitioner challenging the said order. It is also open to the petitioner if the order, that will be passed by the Chief Executive Officer, is adverse to him, to approach the Grampanchyat where he was earlier working as Clerk for his re-appointment and/or reinstatement. The WP 8525/10 - 4 - observations made in this order shall not be construed to mean that the claim of respondent no.4 on the said post is either recognized or examined by this Court. The concerned authority shall consider his claim or of any other person, on merits in accordance with law. All contentions of the parties are kept open. Rule is accordingly made absolute in terms of this order. Office to issue authenticated copy of this order to the learned counsel for the parties on demand. (S.B. DESHMUKH, J.) (D.B. BHOSALE, J.) ndk/c10811