MANMATH S RAUT DR Vs. MALLIKARJUN LAXMAN BABARE

JUDGEMENT

(1.) DR. Manmath S. Raut petitioner herein has invoked the jurisdiction of this Court under Article 226 of the Constitution of India directly aggrieved by the directions given by the District Consumer Redressal Forum, Solapur, to the petitioners superiors to hold administrative enquiry about his misconduct and to inform the decision to the forum and that the complainant Mallikarjun Laxman Babare should be reimbursed all the expenses incurred for the operation. The petitioner has directly approached this Court in writ petition as, in his view, the aforesaid directions given by the District Consumer Forum in its judgment dated 27-2-1998 is without jurisdiction.

(2.) ORDINARILY, we would have relegated the petitioner to approach the Consumer District Redressal Commission established in the State in appeal under section 15 of the Consumer Protection Act, 1986, but in view of the fact that writ petition was admitted by this Court in the year 1998 and for almost 4? year the writ petition is pending before this Court and it may not be in the interest of justice now to ask the petitioner to pursue the remedy of appeal provided under the Act of 1986.

(3.) IN the circumstances, we consider the matter on merit only with regard to the aforesaid direction which is impugned before us.