VIKRANT PRATAPRAO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Lerarned AGP waives service of notice for the Respondents-State; and Mr. Pritam Nigade waives service of notice for Respondent Nos. 4 and 5 in the both the Petitions. By consent of parties, petitions are taken up for final hearing.

(2.) Since facts in both the petitions are common, both petitions are heard together and disposed of by this common judgment.

(3.) In so far as Petitioner in Writ Petition No. 12234 of 2016 is concerned, he came to be appointed as Assistant Teacher on 30/06/2009 against a seat which is available for the open category. On 13/07/2010 Respondent No. 2 granted approval to the appointment of Petitioner as Assistant Teacher. The Petitioner successfully completed the probationary period of 2 years and was made permanent in service of Respondent No.4 on 10/10/2012. On 29/05/2015 the Petitioner received a notice from Respondent No.2 informing that on account of the complaint made to him an inquiry is going to be conducted in respect of the approval granted to the appointment of the Petitioner and the Petitioner was directed to remain present on 08/06/2015. Accordingly Petitioner as well as Respondent Nos.4 and 5 appeared before Respondent No.2 and filed their Say. However, Respondent No.2 did not consider the say filed by the Petitioner and Respondent Nos.4 and 5 and cancelled the approval granted to the appointment of Petitioner by order dated 22/01/2016. On the basis of the said order dated 22/01/2016 Respondent No.2 withheld the salary of the Petitioner. Being aggrieved by the said order dated 22/01/2016 the Petitioner preferred Writ Petition No.4190 of 2016 in this Court. By order dated 25/04/2016 this Court allowed the said Petition and directed Respondent No.2 to conduct fresh inquiry and to pass order within 3 months. Thereafter by the impugned order dated 30/07/2016 Respondent No.2 again cancelled the approval granted to the appointment of the Petitioner. Hence this Petition.