1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 556/2010 Dr. Vinod Shubhnarayan Tiwari -: versus :- Zilla Parishad, Nagpur and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 5, 2010. Heard Shri S.V. Bhutada, learned counsel for petitioner, Shri Sk. Majid, learned counsel for respondent no.1 and learned A.G.P. for respondent no.2. One of the contention of learned counsel for petitioner is that hearing took place before the Hon'ble State Minister on 14.07.2008 and impugned order does not show any reference to that hearing and it also does not show that order is passed as per dictation of that Authority. The impugned order is passed by Under-Secretary and it does not contain any reason also. He points out that the petitioner was removed from services as disciplinary measure and his appeal under Rule 13 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 was allowed by the Divisional Commissioner. That order of Commissioner has been set aside by respondent no.2 State Government in revision. According to him this revision itself is not maintainable. 2 Shri Sk. Majid, learned counsel as also learned A.G.P. for respondents support the impugned order. According to them, the order contains necessary application of mind and is passed in exercise of power under Rule 24 of the Rules. It is not necessary for me to go into all these arguments at this stage. Perusal of the impugned order shows that it has been issued in the name of Hon'ble Governor of State of Maharashtra, however, it does not disclose any application of mind as to why and how the order of Commissioner in favour of petitioner is found to be unsustainable and the punishment as imposed by respondent no.1 deserve to be restored. The order is non-speaking hence only on that count, the said order is quashed and set aside. The competent authority / respondent no.2 shall proceed to hear the petitioner again in the matter and shall thereafter pass appropriate orders in accordance with law. The impugned order dated 03.12.2008 is quashed and set aside for said purpose. Parties to appear before respondent no.2 on 05.05.2010 and to abide by its further instructions in the matter. Writ Petition is allowed in the aforesaid terms. Rule accordingly. No cost. JUDGE Rgd.