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Bombay High Court

PRAKASH DAYANAND GURAVversusTHE ADDITIONAL DIVISIONAL COMMISSIONER AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed because the petitioner must first pursue the revision remedy under Rule 15(1)(c) of the applicable Rules.

Summary

Petitioner Prakash Dayanand Gurav challenged his termination order, alleging breach of natural justice, by filing a writ petition before the Bombay High Court. Respondents argued that the petitioner had an alternate remedy of filing a revision under Rule 15(1)(c) of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1967. The Court examined whether the existence of that revision remedy barred the writ petition and held that it did, directing the petitioner to pursue the revision. The Court also noted that the period from filing the petition would be excluded for limitation purposes and that the revisional authority should decide the matter promptly. Consequently, the writ petition was disposed, and the petitioner was relegated to the alternate remedy.

Issues considered

  • Whether the petitioner has an alternate remedy of revision under Rule 15(1)(c) of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1967 that bars the writ petition.
  • Whether the breach of natural justice alleged by the petitioner can be entertained despite the availability of the alternate remedy.

Legislation cited

  • Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1967 — s. Rule 13(1)(e), Rule 15(1)(c)

Subjects

  • writ petition
  • natural justice
  • revision remedy
  • administrative law
  • service termination
  • limitation

Judgment

2026:BHC-AUG:38485-DB

                    IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                               BENCH AT AURANGABAD

                        969 CIVIL APPLICATION NO. 3002 OF 2026
                                    IN WP/1315/2022

                                  Prakash Dayanand Gurav
                                           VERSUS
                     The Additional Divisional Commissioner And Others
                                              ...
                       Advocate for Applicant : Mr. Kolpe Mahendra B.
                        AGP for Respondents-State: Mr. S. K. Shirse
                    Advocate for Respondents No.2 to 4 : Mr. S. B. Munde
                                              ...
                                            WITH
                           WRIT PETITION NO. 1315 OF 2022
                                              ...

                                CORAM       : ROHIT W. JOSHI, J.
                                Dated       : August 25, 2026

           PER COURT :-

           1.    The learned Advocate for respondents No.2 to 4 raises a

           preliminary objection that the petitioner has an alternate remedy of

           filing a revision under Rule 15(1)(c) of the Maharashtra Zilla Parishad

           District Services (Discipline and Appeal) Rules, 1967. The learned

           Advocate for the petitioner states that the order of termination is

           based on breach of the principles of natural justice and, therefore, the

           alternate remedy would not bar the present petition.



           2.    It is not in dispute that the order of termination was initially

           challenged in an appeal before the Divisional Commissioner under Rule

           13(1)(e) of the said Rules. The revision is preferred against the said

           order. In that view of the matter, this Court is not inclined to accept the

           argument of the learned Advocate for the petitioner with respect to


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                                                                         969 CA 3002-2026



alternate remedy. Writ Petition is disposed of, relegating the

petitioner to the alternate remedy of filing a revision under Rule

15(1)(c) of the said Rules.



3.       The period from the date of filing of the petition, i.e.

21/01/2022,      till   date   shall   be      excluded    for   the    purpose       of

computation of limitation.



4.       Since the services of the petitioner were terminated vide order

dated 20/08/2020 and a period of over six years has lapsed since

then, the revisional authority is requested to decide the revision as

early as possible and preferably before 31/03/2027.                    Pending Civil

Application stands disposed of.




                                                          ( ROHIT W. JOSHI, J. )




vj gawade/-.




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