The High Court rejected a writ petition where the petitioner sought a stay on instructions to register an offence pending a departmental enquiry. The Court declined to entertain the petition.
The Writ Petition was rejected; the stay was not granted.
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.
(1)W.P. No. 4055 of 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 4055 of 2016
District : Ahmednagar
Pushpa Vishwanath Gayake,
Age : 34 years,
Occupation : Service,
R/o. Shevgaon,
Taluka : Shevgaon,
District : Ahmednagar. .. Petitioner.
versus
The State of Maharashtra,
Through its Secretary,
Rural Development Department,
Mantralaya, Mumbai - 32,
& 4 others. .. Respondents.
............
Mr. A.G. Ambetkar, Advocate, for the petitioner.
Mr. B.V. Virdhe, Asst. Government Pleader, for respondent no.1.
............
CORAM : S.S. SHINDE &
SANGITRAO S. PATIL, JJ.
DATE : 7TH APRIL 2016
COURT'S ORDER (Per S.S. Shinde, J.) :
1.The learned Counsel appearing for the
petitioner submits that till the departmental enquiry
is pending against the petitioner, instructions
issued by the Chief Executive Officer, Zilla
(2)W.P. No. 4055 of 2016
Parishad, Ahmednagar, to the Block Development
Officer, Panchayat Samiti, Shevgaon, to register
offence against the petitioner, may be stayed.
2.We do not think that there is any basis for
such submission advanced by the learned Counsel
appearing for the petitioner. In that view of the
matter, we decline to entertain the petition.
3.The Writ Petition is accordingly rejected.
(SANGITRAO S. PATIL) (S.S. SHINDE)
JUDGE JUDGE
puranik / WP4055.16
1 issue framed by the court
Whether the High Court should entertain a Writ Petition seeking a stay on departmental instructions to register an offence pending a departmental enquiry.
Pushpa Vishwanath Gayake
The State of Maharashtra
Secretary, Rural Development Department
S.S. SHINDE
SANGITRAO S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court