A writ petition challenging the appointment and extended tenure of an Additional Commissioner of Mira Bhayander Municipal Corporation was dismissed. The Court held that since a Government Resolution continuing the officer was issued after the petitioner's notice, no amendment was necessary.
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 JURISDICTION
WRIT PETITION NO. 9167 OF 2014
Shri Sanjay R. Tiwari ... Petitioner V/s. The Commissioner, Mira Bhayander Municipal Corporation & ors. ... Respondents
Mr. Tushar N. Sonawane for the petitioners.
Mr. R.S.Apte, Sr. Counsel i/b. Mr. N.R. Bubna for respondents 1 and 2. Mr. S.K. Shinde i/b. Mr. Sudam Kale for respondent no.5.
CORAM : NARESH H. PATIL AND A.S. GADKARI, JJ . 2nd February, 2015.
P.C.
The petitioner claims to be a Chief Editor of newspaper 'Bajrang Prahar'. It is the grievance of the petitioner that respondent Mr. Bharat Shitole, Dy. Collector, General Administration, Mumbai district suburban
was appointed for a period of one year as an Additional Commissioner of Mira Bhayander Municipal Corporation by a Government Resolution dated
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4th July, 2013. Inspite of expiry of one year period, the respondent officer was continued in the said post.
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passed on the G.R.. The Writ petition is dismissed.
L.S. Panjwani, P.S.
2 issues framed by the court
Whether the writ petition challenging the appointment and continuation of an additional commissioner is maintainable.
Whether the petitioner needs to be permitted to amend the petition to challenge a subsequent Government resolution.
Shri Sanjay R. Tiwari
The Commissioner, Mira Bhayander Municipal Corporation & ors.
NARESH H. PATIL
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
