1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.1787 OF 2009 Shri Aavdhut Rambhau Khadke .. Petitioner Versus The State of Maharashtra and others .. Respondents Shri V.C.Solshe, Advocate for petitioner Shri K.B.Choudhari, AGP for respondents 1 and 2 Shri A.B.Kale, Advocate for respondent No.3 Shri U.B.Bondar, Advocate for respondent No.4 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 13th August 2009 PER COURT : 1. This is a petition ostensibly filed as a public interest litigation in which the petitioner prays for issuance of a writ of mandamus directing respondent No.1 to appoint a responsible Officer not below the rank of Collector to conduct the enquiry and to take necessary action against the concerned authorities involved in committing the irregularities and fraud in the works carried out by the Irrigation department of Zilla Parishad, Jalna, under the Marathwada Vikas Package for the year 2008-09. 2 2. A principal ground which is urged before us for grant of the aforesaid relief is that the authorities of Zilla Parishad would not impartially conduct enquiry in which there may be allegations against the Chief Executive Officer. 3. On notice being issued to the respondents, respondents have filed their affidavit-in-reply and in the affidavit-in-reply, it is stated that the enquiry has already been conducted under the supervision of the Chief Executive Officer who is I.A.S. Officer in the rank. It is also stated that the Committee constituted of four members who are senior Officers under the Chairmanship of an Officer in the grade of Additional Chief Executive Officer. The Committee has made detailed inquiry about irregularities committed and submitted its report on 27.2.2009 to the Chief Executive Officer, Zilla Parishad, Jalna. At paragraph 7, it is stated that disciplinary proceedings have already been taken and the proposal for suspension of errant officers is pending with the Government. The petitioner who has filed the present petition alleging therein for the appointment of an independent and impartial person for conducting the enquiry has not tendered before us a copy of the report. The petitioner, therefore, has not endeavoured to point out to us on the basis of the enquiry which was conducted as to how the enquiry is prima facie erroneous or is partial. In the light of the fact that an enquiry which is conducted against the errant Officers for taking disciplinary action, we do not find any merit in the 3 petition for exercising extraordinary jurisdiction under Article 226 of the Constitution of India, this petition which is sans merit is summarily dismissed with no orders as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/1787.09wp