Courts quashed recovery communications issued to four engineers regarding excess salary, directing the Collector to provide a hearing opportunity and pass reasoned orders within two months.
Quashed recovery communications; directed Collector to grant hearing and pass reasoned orders within two months of October 8, 2012.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4972 OF 2012
Bharat Ramkisan Shingade,
Age-32 years, Occu: Service as
Assistant Executive Engineer,
Minor Irrigation Sub Division
No.1, Beed, R/o-Beed.
...PETITIONER.
VERSUS
1) Shri Sadanand Koche, IAS, Collector, Beed,2) The Collector, Beed,3) The Executive Engineer,
Beed Irrigation Division,
Beed.
...RESPONDENTS.
...
Shri.Ajay S. Deshpande Advocate for
Petitioner.
Shri.V.H. Dighe, A.G.P. for Respondent
Nos. 1 and 2.
Shri.S.G. Sangle Advocate for Respondent
No.3.
...
WITH
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WRIT PETITION NO.5131 OF 2012
Shaikh Mukhtar s/o Shaikh Rahim,
Age-49 years, Occu: Service as
Sub Divisional Engineer,
Twarja Project Sub Division,
Bhum, Dist-Osmanabad,
R/o-Bhum, Dist-Osmanabad.
...PETITIONER.
VERSUS
1) The State of Maharashtra, Through the Collector, Beed,2) The Collector, Beed, Collector Office, Beed.3) The Executive Engineer,
Beed Irrigation Division, Beed.
...RESPONDENTS.
...
Shri.Satish M. Godsay Advocate for Petitioner.
Shri.S.N. Kendre, A.G.P. for Respondent
Nos. 1 and 2.
Shri.S.G. Sangle Advocate for Respondent No.3.
...
WITH
WRIT PETITION NO.5132 OF 2012
Suryakant s/o Baburao Kawalikar,
Age-56 years, Occu: Service as
Executive Engineer,
Nanded Irrigation Division,
Nanded, R/o-Nanded.
...PETITIONER.
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VERSUS
1) The State of Maharashtra,
Through the Collector, Beed,
2) The Collector, Beed,
Collector Office, Beed,
3) The Executive Engineer,
Beed Irrigation Division, Beed.
...RESPONDENTS.
...
Shri.Satish M. Godsay Advocate for Petitioner.
Shri.V.H. Dighe, A.G.P. for Respondent
Nos. 1 and 2.
Shri.S.G. Sangle Advocate for Respondent
No.3.
...
WITH
WRIT PETITION NO.6717 OF 2012
Baban Dagadu Jatale,
Age-51 years, Occu: Service as
Executive Engineer, Quality Control
Circle, Aurangabad, R/o-Plot No.15,
Sector C-1, Town Centre, Aurangabad.
...PETITIONER.
VERSUS
1) The Collector, Beed,
2) The Executive Engineer,
Beed Irrigation Division,
Beed.
...RESPONDENTS.
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...
Shri.Ajay S. Deshpande Advocate for Petitioner.
Shri.S.N. Kendre, A.G.P. for Respondent
Nos. 1 and 2.
Shri.S.G. Sangle Advocate for Respondent No.3.
...
CORAM: NARESH H. PATIL AND
A.B. CHAUDHARI, JJ.
DATE : 24TH SEPTEMBER, 2012.
ORAL JUDGMENT [PER NARESH H. PATIL, J.] :
1.Rule. Rule made returnable forthwith and
heard finally, by consent.
2.ThePetitionerschallengethe
communication made by the Collector, Beed on 25th
April, 2012, directing recovery from the
Petitioners, consequent to the order passed by the
Division Bench of this Court (CORAM:D.G. KARNIK &
S.B. DESHMUKH, JJ.) in Writ Petition No.10672 of
2010, dated 21st March, 2012.
3.The learned A.G.P. has placed on record a
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copy of the communication made by the Collector,
Beed, dated 4th September, 2012. The same is taken
on record and marked as "X" for identification.
The learned A.G.P., on instructions of Collector,
Beed, makes a statement that all the Petitioners
will be heard and thereafter appropriate orders on
merits, would be passed.
4.We quash and set aside the impugned
communication dated 25th April, 2012, issued by
the Collector, Beed and the impugned communication
dated 13th June, 2012, issued by the Executive
Engineer, Beed Irrigation Division, Beed. We
direct that the Collector, Beed shall provide an
opportunity of hearing to the Petitioners. The
Petitioners shall be permitted to submit their
written say. The Petitioners shall be heard in
person, too. The Collector, Beed, shall
thereafter, pass appropriate orders in accordance
with record and the say/reply submitted by the
Petitioners.
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5.We direct the Petitioners to appear
before the Collector, Beed on 8th October, 2012 at
11.00 a.m.
6.The Collector, Beed shall complete the
enquiry and pass appropriate brief, reasoned
order, within TWO MONTHS from 8th October, 2012.
7.In case the Petitioners are found to be
prolonging the hearing of the matter, the
Collector, Beed is free to pass appropriate
reasoned order, on its own merits.
8.Rule is made absolute in the above terms.
asb/SEPT12
1 issue framed by the court
Whether the communication directing recovery of excess salary issued by the Collector to the petitioners legal under natural justice.
Bharat Ramkisan Shingade
Shaikh Mukhtar s/o Shaikh Rahim
Suryakant s/o Baburao Kawalikar
Baban Dagadu Jatale
Shri Sadanand Koche, IAS, Collector, Beed
The Collector, Beed
NARESH H. PATIL
A.B. CHAUDHARI
As recorded by the court registry
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