SUDHANAND NILKANTH MEHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with the consent of Shri Dharmadhikari, learned Counsel for the Petitioner. Shri Gavai, learned Government pleader for the Respondent no.1, Shri Kaptan, learned Counsel for the Respondent no. 2, and Shri Deshpande, learned Senior Counsel for the Respondent no. 3.

(2.) The petition is directed against the order dated 4.10.1999 passed by the Respondent no.1 in appeal whereby order of suspension of Respondent no. 3 dated 21.7.1999 passed by the Respondent no. 2 was set aside and Respondent no. 3 was directed to be taken back in service forthwith and it was further directed that the departmental enquiry against Respondent no. 8 should be completed as early as possible and in any case within a period of two months from the date of decision. The Petitioner has challenged the said order in this Petition mainly on the ground (apart from other grounds) that the impugned order passed by the Respondent no. 1 is without hearing the Petitioner and, therefore, same is not only illegal, but also violative of principles of natural justice.

(3.) Shri Dharmadhikari, learned Counsel for the Petitioner, contended that there is a long history of various litigations for the post of Chief Fire Officer inter se between the Petitioner and Respondent no.3. The Petitioner and Respondent no. 3 have filed various Writ Petition in this Court and obtained various orders. The learned counsel further contended that Petitioner is one of the main contenders for the post of Chief Fire Officer and after Respondent no. 3 was suspended by order dated 21.7.1999 passed by the Respondent no. 2, Petitioner was given additional charge of the post of Chief Fire Officer and same was continued till passing of the impugned order. The learned Counsel, therefore, contended that the Petitioner ought to have been heard by the Respondent no. 1 before passing the impugned order.