Writ petitioner sought directions for expeditious disposal of an appeal under Maharashtra Civil Services Rules and permission to withdraw with liberty. The High Court dismissed the petition as withdrawn.
Writ petition dismissed as withdrawn with liberty to raise all contentions before the Appellate Authority.
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( 1 ) wp370.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 370 OF 2018
DEVENDRA TUKARAM KATKE VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Miss P.S.Talekar h/f. Talekar & Associates, Advocate for
petitioner.
Mr.A.B.Girase, Government Pleader for respondent/State.
CORAM : S.S.SHINDE &
S.M.GAVHANE,JJ.
DATED :23.01.2018
P.C. :-
1.Learned Counsel appearing for the petitioner on
instructions submits that the petitioner has filed appeal
taking recourse to the provisions of Rule 18 of the
Maharashtra Civil Services (Discipline and Appeal) Rules.
Learned Counsel for the petitioner prays that appellate
authority may be directed to decide the said appeal
expeditiously, within four weeks.
2.Learned Government Pleader appearing for
respondent No.1, on instructions, submits that stay
application will be decided by the Appellate Authority
within two weeks from the date of receipt of order and
further appeal within three months.
3.Learned Counsel appearing for the petitioner, on
instructions, seeks permission to withdraw this petition
with liberty to raise all the contentions raised in this
petition before the Appellate Authority. The petition is
dismissed as withdrawn with liberty as prayed for.
4.We make it clear that we have not entered upon
merits of rival contentions raised by the parties. In
the light of statement made by learned Government Pleader
appearing for respondent No.1, we hope and expect that
the Appellate Authority will decide the appeal as
expeditiously as possible, however, within three months
from today. Needless to observe that the Appellate
Authority will afford reasonable opportunity of hearing
to the petitioner.
[S.M.GAVHANE,J.]
[S.S.SHINDE,J.]
snk/2018/SEP18/ wp370.18
1 issue framed by the court
Whether the writ petitioner can withdraw the petition with liberty to raise contentions before the Appellate Authority.
Devendra Tukaram Katke
The State of Maharashtra
S.S.Shinde
S.M.Gavhane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court