STATE OF MAHARASHTRA Vs. SANJAY DINKARRAO MANKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, taken up for final hearing.

(2.) Judgment and order dtd. 29/3/2019 passed by Maharashtra Administrative Tribunal (Tribunal) in Original Application No. 1038 of 2018 is the subject matter of challenge in the present petition. In that Original Application, Sanjay Dinkarrao Mankar (Respondent no. 1 in Writ Petition No. 6957 of 2019) had challenged order dtd. 20/11/2018 by which his posting on promotion to the post of Joint Director-Boilers was changed from Nagpur to Solapur. By the order impugned in the present petition, the Tribunal has allowed the Original Application of Sanjay Dinkarrao Mankar, setting aside the order dtd. 20/11/2018 and has directed to restore his posting at Nagpur as per earlier order dtd. 29/9/2018. The Tribunal has made certain adverse observations against Shri. Dhawal P. Antapurkar, Director, Steam Boilers who was impleaded as respondent no. 2 in personal capacity in Original Application No. 1038/2018. This has triggered filing of Writ Petition No. 5599 of 2019 by Mr. Antapurkar challenging the impugned judgment of the Tribunal and seeking expungement and deletion of adverse findings therein.

(3.) Since Mr. Antapurkar (Writ Petition No. 5599 of 2019) is mainly concerned with expunction of adverse findings in the impugned judgment, we propose to treat Writ Petition No. 6957 of 2019 filed by the State Government as the lead matter by referring to the parties therein in the present Judgment, State Government as Petitioner, Mr. Mankar as Respondent No. 1 and Mr. Antapurkar as Respondent No. 2.