1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.:3602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.:3602 OF 2011 *** Bansi Raghunath Jaybhar VERSUS The State Of Mah And Ors *** Mr. M. S. Taur, Advocate h/f Mr. Kakade Amol N., Advocate for Petitioner Mr. V. D. Godbharle, A.G.P. for Respondent/State Authorities *** CORAM: D. B. BHOSALE AND S. B. DESHMUKH, JJ. DATED: 15th JULY, 2011. PER COURT :[Per Deshmukh, J.] 1. We have heard learned counsel for the Petitioner and learned A.G.P. Mr. Godbharle for Respondent No.1. The petitioner seeks following relief: "B) That, by issuing writ of mandamus, or any other appropriate writ, order or direction in the like nature, the order passed by the Chief Executive Officer, Zilla Parishad, Ahmednagar dated 22.2.2011 may kindly be quashed and set aside." 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.:3602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2. Learned counsel for the Petitioner states that petitioner was appointed as Assistant Teacher in Primary School somewhere in the year 1968. On 31st August, 2006 the petitioner retired on superannuation. The petitioner was working as Head Master with effect from 23rd July, 2022 to 31st May, 2006. On 16th July, 2008 show cause notice was issued to the petitioner by the Education Officer. The petitioner had tendered his reply to the show cause notice on 30th July, 2008. According to the learned counsel for the Petitioner, the Chief Executive Officer, Zilla Parishad, Ahmednagar, on the basis of the show cause notice issued to the petitioner, served charged sheet on the petitioner on 22nd January, 2009. The Chief Executive Officer, Zilla Parishad in view of Rule 6 (3) of Maharashtra Zilla Parishad and Panchayat Samities Service (Discipline and 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.:3602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Appeal) Rules decided to proceed with departmental inquiry. Accordingly, Respondent No.2 was appointed as Inquiry Officer. The inquiry was conducted by the Respondent no.2. On submission of the report by the Inquiry Officer, the Chief Executive Officer has issued final show cause notice to the petitioner dated 30th September, 2010. The petitioner submitted his reply to the final show cause notice. The learned counsel for the petitioner states that major punishment was inflicted on the petitioner by the Chief Executive Officer by the order passed on 22nd February, 2011 (Exhibit-G, page 58 is the copy of the said order). This order has been impugned by the petitioner in this Court on 11th March, 2011. 3. This petition, earlier was not listed for admission. Learned counsel for the petitioner makes available copy of the order passed by this Court [Coram: P.B.Majmudar & 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.:3602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. S.S.Shinde, JJ.] dated 28th April, 2011 in Writ Petition NO.1976 of 2011 and Writ Petition NO.1977 and 1980 of 2011. Copy of the said order is marked by letter "X" for identification and taken on record. Both the learned counsel admit that facts of the present writ petition are identical to the facts of the disposed of writ petitions by order dated 28th April, 2011. Both of them jointly request that same order may be passed in this writ petition also. By the order dated 28th April, 2011 in a group of writ petitions, referred to above, this Court has granted liberty in favour of those petitioners to file appeal before the appropriate authority within four weeks from the date of passing of the said order. This Court has also given directions in that order to the authority concerned that if such appeal is filed it shall be decided within a period of three months in accordance with 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.:3602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. law. With these observations the said group of writ petitions has been disposed of. 4. Since both the learned counsel have consented for passing the order in terms of order passed by this Court in above group of writ petitions, dated 28th April, 2011. Both of them have submitted that we need not record reasons. We are, therefore, passing the following order: (a) This writ petition we are not entertaining. (b) The petitioner shall file appeal before the appropriate authority within four weeks from today. If such an appeal is filed within four weeks from today, the concerned authority shall decide the appeal within a period of three months from the date of receipt of the appeal, in accordance with law. All contentions of the parties are kept 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.:3602 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. open. Writ petition accordingly stands disposed of. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:15/07/2011. ans/3602