The High Court dismissed a writ petition. It held that a relief claimed for the first time, which was not challenged before the appellate authority regarding an order of penalty and forfeiture of gratuity, cannot be granted in a writ petition.
Petition dismissed. Rule discharged. No order as to costs.
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.
Writ Petition No.1915/2004
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.1915 OF 2004
Madhukar s/o Govindrao Kulkarni VERSUS
... PETITIONER
The State of Maharashtra
... RESPONDENT
Shri A.T. Jadhavar, Advocate for petitioner
Shri Y.G. Gujarathi, A.G.P. for respondents No.1, 3 to 5 Shri B.G. Deshmukh, Advocate for respondent No.2 Shri R.P. Bhumkar, Advocate for respondents No.8 & 9
CORAM: R.D. DHANUKA AND SUNIL K. KOTWAL, JJ. DATED: 22nd August, 2017.
ORAL ORDER
Writ Petition No.1915/2004
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the order of penalty was not challenged before the appellate authority by way of appeal or otherwise, including forfeiture of gratuity amount. Learned counsel for the respondent No.2 and learned counsel for respondents No.8 and 9 state that, in view of the statement made by learned counsel for the petitioner, the petition itself is not maintainable. It is submitted that a relief thus claimed by the petitioner for the first time in this petition cannot be granted.
Writ Petition No.1915/2004
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impugns the order of penalty including gratuity amount before
the appellate authority, the same may be considered by the appellate authority on its own merits.
(SUNIL K. KOTWAL) (R.D. DHANUKA) JUDGE JUDGE
fmp/
3 issues framed by the court
Whether a petitioner can claim relief for the first time in a writ petition when the underlying order of penalty and forfeiture of gratuity was not challenged before the appellate authority.
Whether a petition is maintainable when the reliefs claimed were not sought in the remedy available before the appellate authority.
Whether the High Court can grant a relief in a writ petition that was not available or not availed of before the appropriate subordinate forum.
Madhukar Kulkarni
State of Maharashtra
R.D. Dhanuka
Sunil K. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
