1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2130 OF 2011 (Yashwant Mahadeo Vairagade vs. The Additional Commissioner and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V.B. Palorkar, Advocate for the petitioner. ------ CORAM : R.M. SAVANT, J. DATED : JULY 8, 2011 The petitioner takes exception to the order dated 29/1/2011 passed by the Additional Commissioner, Amravati Division, Amravati whereby the Additional Commissioner has refused to stay the suspension of the petitioner as Police Patil of Kalamner, Taluka Ralegaon, District Yavatmal. By the said impugned order, the order dated 6/7/2009 passed by the Sub-Divisional Officer, Kelapur, has been confirmed. The petitioner is a Police Patil of village Kalamner and has been such since last 20 years. A complaint was made by one Sambhaji Ramchandra 2 Yadao on 19/3/2009 against the petitioner that since he is not residing in the said village Kalamner, he should be removed as Police Patil. A preliminary enquiry was conducted through the Tahsildar, Ralegaon as regards the residence of the petitioner. The Tahsildar submitted his report dated 25/6/2009 wherein he has stated that the house of the petitioner in Kalmner is in a dilapidated condition and petitioner resides at Ralegaon and visits Kalamner as and when required. Considering the said report, the petitioner was placed under suspension. The petitioner challenged the said suspension before the Sub-Divisional Officer. The Sub-Divisional Officer by the order dated 6/7/2009 rejected the request for stay made by the petitioner. The order of the Sub-Divisional Officer was based on the fact that the petitioner is admittedly not staying at Kalamner, but is commuting to Kalamner from Ralegaon where he stays in his house along with his children, who are prosecuting studies there. Aggrieved by the said order dated 6/7/2009, the petitioner filed an Appeal before the Additional Commissioner under Section 12 of the 3 Maharashtra Village Police Patil Act, 1967. The appeal came to be rejected on the self same ground i.e. the ground, which has been relied upon by the Sub-Divisional Officer. Having perused the report of the Tahsildar and the impugned orders passed by the Sub-Divisional Officer and the Additional Commissioner, in my view, the refusal of stay by the Authorities cannot be faulted with in the teeth of the fact that the petitioner is admittedly not staying at Kalamner, but has been commuting to the said place from Ralegaon. In that view of the matter, no case for interference is made out. The writ petition is accordingly dismissed. JUDGE khj