Rajkumar S/O Yashwantrao Malve v. State of Maha. Thr. Sec.,Ministry of Cooperation, Marketing and Textile Dept, Mumbai and Others
Case brief
What is this about?
Fresh departmental enquiry from stage of written statement where documents not supplied earlier; Section 103(1) APMC Act enquiry; Appeal No. 45/2023 rejected by Ministry order dated 29/02/2024; Divisional Joint Registrar Co-operative Society Amravati order dated 06/04/2023 confirming setting aside of APMC order dated 24/05/2022 and Administrative Committee Resolution No. 2 dated 23/05/2022; reinstatement in original post; suspension during enquiry only under Rule 100(6) Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967; subsistence allowance as per Rules; four-month timeline; natural justice opportunity to defend; Nagpur Bench writ jurisdiction.
What did the court decide?
Writ petition disposed of with directions: fresh enquiry by the Enquiry Committee from the stage of filing of written statement (documents recently received), liberty to cross-examine and lead witness evidence, enquiry to conclude within four months with parties cooperating, reinstatement of the petitioner in his original post (any suspension during enquiry only per Rule 100(6) of the Maharashtra APMC Rules, 1967), and consideration of subsistence allowance as per Rules.