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2023 DAILYLAW 2577 (BOM)

JITENDRA MANOHAR HANE v. THE STATE OF MAHARASHTRA THR. ITS SECRETARY FOR RURAL DEVELOPMENT DEPARTMENT AND ORS

WP/16093/2023 · 2026-03-18

Sharmila U Deshmukh

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20 WP 16093-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16093 OF 2023 Jitendra Manohar Hane ... Petitioner. Versus The State of Maharashtra Thr. Its Secretary For Rural Development Department and Ors. ... Respondents. ————— Mr Govind B. Solanke, for the Appellants. Ms Pratibha J. Gavhane, AGP for Respondent Nos.1 and 2. None for Respondent Nos.3 to 5. ————— Coram : Sharmila U. Deshmukh, J. Date : March 18, 2026 P.C. : 1. Despite service and the matter being adjourned for time to time, none appears on behalf of he Respondent No.3 - Zilla Parishad, Pune and hence, the petition was taken up for hearing. Apart from other submissions canvassed, learned counsel appearing for the Petitioner submits that the Appellate Authority has not considered the relief of declaration that the period of suspension from 27th August, 2017 to 25th July, 2019 is invalid and to be set aside. 2. Upon perusal of the impugned order, it appears that the Appellate Authority has recorded 9ndings only on the charges framed against the Petitioner and has partly allowed the Appeal, modifying the penalty imposed by the Chief Executive O;cer, Zilla sa_mandawgad 1 of 2 2026:BHC-AS:13887 20 WP 16093-23.doc Parishad. The relief as regards declaration that the period of suspension is invalid has not been considered by the Appellate Authority. There is no discussion about the same in the impugned order and no 9nding is recorded by the Appellate Authority. The appropriate course would be to remand the matter to Appellate Authority to enable the Authority to render 9ndings on all issues. 3. In light of the above, the impugned order is quashed and set aside and the matter is remanded to the Appellate Authority to be considered afresh and to render detailed 9ndings on all issues. Considering that the Petitioner is nearing the age of superannuation, the Appellate Authority is requested to decide the Appeal expeditiously. 4. Writ Petition is disposed of in the above terms. [Sharmila U. Deshmukh, J.] sa_mandawgad 2 of 2 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 24/03/2026 14:18:39