Petitioner challenged removal order under Article 226. Court held efficacious appeal remedy available advised magistrate to avail same and disposed of writ without adjudication on merits.
Writ petition dismissed; issued notice to petitioner to prefer appeal within four weeks.
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 CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 5573 OF 2013
Shri Jagdish Jamdeo Gaikwad. .. Petitioner Vs The Commissioner, Pimpri Chinchwad Municipal Corporation and Others. .. Respondents
Shri A.A. Kumbhakoni i/by Shri A.M. Kulkarni for the Petitioner. Shri Deepak More for Respondent Nos.1 and 2. Shrui V.P. Malvankar, AGP “A” Panel for Respondent No.3.
CORAM : A.S. OKA & REVATI MOHITE DERE, JJ DATE : 21ST OCTOBER 2013
P.C.
by the first Respondent on 7th March 2013. The challenge in this
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Petition is to the said communication dated 7th March 2013. Essentially the substantive challenge in this Petition is to the order dated 26th December 2012 by which the Petitioner was removed from the employment of the Municipal Corporation by exercise of power under Clause (g) of Sub-section (2) of Section 56 of the said Act.
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knowledge of the impugned order by the Petitioner. Even assuming that there is a delay in preferring Appeal, we must note here that the present Petition was filed on 30th March 2013. Therefore, as per Rule 8.4 of the said Rules, the delay will have to be condoned and the Appeal will have to be heard on merits.
ORDER :
(d) We also make it clear that the contention regarding
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the failure to serve the impugned order is also kept
open;
(REVATI MOHITE DERE, J) ( A.S. OKA, J )
3 issues framed by the court
Whether the writ petition challenging removal from service can be entertained when an efficacious remedy of appeal is available.
Whether the delay in preferring an appeal justifies entertaining the writ petition in absence of a merits determination.
Whether the service of the impugned order impacts the maintainability of the writ petition.
2 provisions across 2 enactments
Jagdish Jamdeo Gaikwad
Commissioner, Pimpri Chinchwad Municipal Corporation
Others
A.S. Oka
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
