1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5777/2006 Surendra Rambhau Kalbande ..vs.. Mah. State Seeds Corporation Ltd. and anr. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 11 th February, 2008 1. Heard Mr. Mundra, Advocate for the petitioner, Mr. Jagtap, Advocate for respondent No. 1 and Mr. Patel, A.G.P. for respondent No. 2. 2. By order dated 16.01.2004, the Managing Director of respondent No. 1 directed to recover amount of Rs. 7095/- from the petitioner. In addition to the above recovery, the period during which the petitioner was under suspension namely period from 05.10.1998 to 15.06.1999 was treated as suspension period. 3. The aforesaid order passed by the Managing Director of respondent No. 1 was challenged by the petitioner under Rule 16 of the Maharashtra Civil Services (Discipline and Appeal) Rules before respondent No. 2. He received communication dated 09.04.2006, annexed with the petition at 2 Annexure-8, from the Deputy Secretary, Government of Maharashtra by which he was informed that his appeal is dismissed by the Secretary (Agriculture). The grievance of the petitioner in the petition was that he has received only communication, however, he has not received any reasoned order passed by respondent No. 2 in the aforesaid appeal. 4. Mr. Patel, learned A.G.P. for respondent No. 2 made statement on 07.12.2007 that in view of above position, he will take instructions and submit copy of the order in appeal. Mr. Patel, today tendered copy of Office Noting in respect of the petitioner's appeal. The Noting is taken on record and marked as “X” for identification. Perusal of the aforesaid Noting shows that the same is prepared by the Desk Officer in Agriculture Department, wherein the petitioner's appeal was recommended to be dismissed. This Noting, thereafter, is signed by the Assistant Secretary, Deputy Secretary and Secretary(Agriculture) and, thereafter, the impugned communication dated 09.04.2006 is issued to the petitioner. 5. The grievance of the petitioner that he was not heard 3 while disposing of the appeal is substantiated by the aforesaid Noting. The Noting is prepared by some Officer and mechanically, thereafter, was signed by the higher Officers including the Secretary (Agriculture). In my opinion, while disposing of the petitioner's appeal the petitioner ought to have been heard and then only his appeal could have been disposed of on merits. Since, respondent No. 2 failed to follow the principles of natural justice, the impugned communication deserves to be quashed and set aside. 6. In the backdrop of the above referred facts and circumstances, I pass the following order. (i) The impugned communication dated 09.04.2006 issued by the Deputy Secretary, Government of Maharashtra to the petitioner, communicating him about dismissal of appeal as well as the Noting made by the Desk Officer, Agriculture Department (Exh. “X”) are quashed and set aside. (ii) The matter is remanded back to respondent No. 2 who is directed to hear and dispose of the petitioner's appeal on its own merits and after following the principles of natural justice. 4 (iii) Respondent No.2 is directed to dispose of the petitioner's appeal as expeditiously as possible and in any case within a period of six months from the date of receipt of this order. (iv) All the questions raised in this petition are kept open. (v) The petition stands disposed of with no order as to costs. JUDGE kahale