Dismissed

Bhandara Zilla Sahakari Krishi Audyogik Sangh Ltd. Bhandara Thr. Manager Shri Bharat Gyaniram Thakr v. the Maha. State Co-Op. Marketing Federation Ltd. Bhandara Thr. District Marketing Officer and Anoth

Bombay HC6 Nov 2019WP/1150/2017

Case brief

AI extract

What is this about?

The High Court dismissed two writ petitions challenging the blacklisting of co-operative societies from paddy purchasing. Upholding the respondent's order, the court held that the proceedings were not analogous to a detailed departmental enquiry requiring cross-examination and found no perversity in the decision.

What did the court decide?

The writ petitions are dismissed and the order of blacklisting is upheld.

Bhandara Zilla Sahakari Krishi Audyogik Sangh Ltd… — Service and Employment | Bombay HC (2019)

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0611wp1149.17.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO.1149/2017 Shetkari Sahakari Dhaan Girni, Maryadit, Dongargaon, Tahsil, Mohadi, District Bhandara through its Manager Shri Vilas Yeshwant Samrit

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...Versus...

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The Maharashtra State Cooperative Marketing Federation Ltd., Bhandara Branch through District Marketing Officer and others

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WITH

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WRIT PETITION NO.1150/2017 Bhandara Zilla Sahakari Krishi Audyogik Sangh Ltd., Bhandara through its Manager Shri Bharat Gyaniram Thakre

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...Versus...

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The Maharashtra State Cooperative Marketing Federation Ltd., Bhandara Branch through District Marketing Officer and others

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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- - - - ----- - - Shri S. Paliwal, Counsel for petitioner Shri P.D. Meghe, Counsel for respondent nos.1 and 2 Ms Ritu Kalia, AGP for respondent nos.3 to 5

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CORAM : R. K. DESHPANDE AND MILIND N. JADHAV, JJ. DATE : 06/11/2019

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The challenge in these petitions is to the order dated 21/11/2016 passed by the respondent no.1, blacklisting the petitioners from the agency of purchasing of paddy from the farmers/agriculturists.

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A show-cause-notice was issued to the petitioners on 17/12/2015, with which a copy of fact finding report was

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0611wp1149.17.odt

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annexed. The petitioners submitted their replies to the showcause-notice. Thereafter, the order is passed on 21/11/2016 holding that the explanation furnished is not found to be satisfactory and hence, the order of blacklisting is passed.

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We have gone through the report concerning malpractices adopted by the petitioners. Six instances are quoted in the report indicating that without purchase of paddy the payment has been disbursed. It is also the case that the purchases are made from some persons and the payments are made to some other persons. There is also discrepancy in the stock pointed out.

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The principles of natural justice are being complied with. We do not find that the nature of proceedings of show-cause can be construed, like a detailed departmental enquiry, permitting evidence to be led and cross-examination of the witnesses. We are not sitting in appeal over the decision taken by the competent authority. There is no perversity. The writ petitions are dismissed. No order as to costs.

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(Milind N. Jadhav, J.) (R.K. Deshpande, J.)

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Wadkar, P.S.

Bhandara Zilla Sahakari Krishi Audyogik Sangh Ltd. Bhandara Thr. Manager Shri Bharat Gyaniram Thakr v. the Maha. State Co-Op. Marketing Federation Ltd. Bhandara Thr. District Marketing Officer and Anoth

Case brief

What is this about?

What did the court decide?

Bhandara Zilla Sahakari Krishi Audyogik Sangh Ltd. Bhandara Thr. Manager Shri Bharat Gyaniram Thakr v. the Maha. State Co-Op. Marketing Federation Ltd. Bhandara Thr. District Marketing Officer and Anoth

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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