1212wp2755.11 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2755 OF 2011 (Mahendra Laghuttam Kanhekar vs. State of Maharashtra 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 : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : DECEMBER 12, 2011 Heard Shri Dangre, learned Counsel for the petitioner, and Shri Kankale, learned Assistant Government Pleader for the respondents. The petition is directed against the order dated 27/7/2010 passed by the Maharashtra Administrative Tribunal whereby original application of the petitioner came to be rejected. The following facts are not in dispute : The petitioner was holding the post of Up-Sarpanch of Gram Panchayat, Gondegaon at the relevant time. The interviews to select candidate for the post of Kotwal were held on 19/12/2008 and 1212wp2755.11 2/3 select list was published on the same day. An order of appointment as Kotwal was issued to the petitioner on 20/12/2008. It is the case of the petitioner that the petitioner submitted resignation in respect of the post of Up-Sarpanch on 18/12/2008 and, therefore, order dated 22/12/2008 passed by the Tahsildar, Lakhani is bad in law. Similarly, the Maharashtra Administrative Tribunal also did not take into consideration these aspects and hence, the said order is also unsustainable in law. We have considered the contentions of the learned Counsel for the parties and also taken into consideration the undisputed facts. Even though it is presumed that the petitioner had tendered resignation on 18/12/2008, however, as per the procedure applicable in this regard, it could not take effect for a period of seven days. In the instant case, the interviews were held on 19/12/2008. The petitioner was selected for the post of Kotwal and order of appointment was also issued on 20/12/2008. In that view of the matter, the view taken by the Tribunal is sustainable in law. No case is made out 1212wp2755.11 3/3 for interference. The petition is dismissed. JUDGE JUDGE khj