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2026 DAILYLAW 17243 (BOM)

DIWAKAR S/O RAGHOBA MANDAWGADE v. THE STATE OF MAHARASHTRA, THR. SECRETARY (REVENUE DEPARTMENT), MUMBAI AND ORS

/792/2026 · 2026-10-08

body2026

Judgment text

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1 101wp792.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO. 792 OF 2026 (Shri Diwakar s/o Raghoba Mandawgade Vs. State of Maharashtra and ors) __________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders __________________________________________________________________________________________ Mr. R.S. Thengne, Advocate for petitioner. Mr. D.P. Thakare, Addl. GP for respondents/State. CORAM : ANIL S. KILOR & RAJNISH R. VYAS,JJ. DATE : 08/10/2026 Heard learned counsel for the petitioner. 2. A challenge raised in this petition is to the order passed by the Tribunal which has uphold the order passed by the concerned authority terminating the services of the petitioner on the ground that within time prescribed, the caste certificate was not submitted. 3. With the able assistance of the learned counsel for the parties, we have gone through the case record. 4. On perusal of the judgment impugned, it would be crystal clear that except producing relevant portion of the Government Resolution, the Tribunal has not given specific finding regarding applicability of the said Government Resolution to the facts involved in the case. At this stage, what is observed by the Tribunal in the impugned order in paragraph 4, is as under: “A conjoint consideration of aforesaid undisputed facts and provisions of the Act as discussed in G.R. dated 18.5.2013 show that the O.A. is devoid of merits.” The aforesaid observations/findings would not be enough to test the decision making process advanced by the Tribunal. Belkhede 2 101wp792.2026.doc Consequently, we can say that absolutely no reasons are given by the Tribunal while deciding the issue. Hence, following order is passed: O R D E R (i) The impugned order dated 1.11.2023, passed by the Maharashtra Administrative Tribunal, Nagpur, in Original Application No. 319/2022 (Annexure -A) is hereby quashed and set aside. (ii) The matter is remanded back to the learned Tribunal with direction to decide the Original Application No. 319/2022, in accordance with law and in any case, within six months from production of this order. iii) The learned counsel for the petitioner shall produce a copy of this order before the Tribunal within a week from today. 5. The petition is disposed of in the aforestated terms. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PS To Honourable Judge Date: 08/10/2026 19:06:24