Bombay High Court

RAVI NAMDEORAO JADHAVversusTHE CHIEF EXECUTIVE OFFICER AND ANOTHER

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The order demoting the petitioner was quashed because it was passed without a show‑cause notice, violating natural justice.

Summary

The petitioner, Ravi Namdeorao Jadhav, challenged an order dated 24 November 2022 that demoted him from Assistant Accountant Officer to Junior Accountant Officer. He argued that the order was passed without a prior show‑cause notice, violating the principles of natural justice. The respondents contended that an appeal could be filed under the Maharashtra Zilla Parishad (Discipline and Appeal) Rules, 1964. The Court found that no show‑cause notice had indeed been issued and, without examining the merits, quashed the impugned order on the ground of procedural unfairness. The Court directed the respondent to issue a show‑cause notice and pass a lawful order within two months.

Issues considered

Whether the demotion order was passed without a show‑cause notice, thereby violating natural justice.
Whether the order can be set aside solely on the basis of the procedural defect.

Subjects

natural justice
show cause notice
administrative law
service matters
writ petition
quashing order

Judgment

2026:BHC-AUG:1472

                                                  1                WP / 11964 / 2022



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                 1014 WRIT PETITION NO. 11964 OF 2022

                                   RAVI NAMDEORAO JADHAV
                                           VERSUS
                          THE CHIEF EXECUTIVE OFFICER AND ANOTHER

                                                   ...
                                Advocate for petitioner : Mr. D.A. Mane
                      Advocate for respondents no. 1 and 2 : Ms. Yogita S. Thorat
                                                   ...

                           CORAM              : SIDDHESHWAR S. THOMBRE, J.

                           DATE               : 13 JANUARY 2026

              PER COURT :

                           Heard learned counsel for the respective parties.


              2.           By way of present petition, the petitioner assails the order
              dated 24.11.2022 passed by respondent no. 1 - the Chief Accountant
              and Finance Officer, Zilla Parishad, Nanded, thereby reverting the
              petitioner from the post of Assistant Accountant Officer to the post of
              Junior Accountant Officer.


              3.           Mr. Mane, learned counsel for the petitioner submits that
              the impugned order was passed without giving show cause notice to
              the petitioner and, therefore, there is clear violation of principles of
              natural justice.


              4.           Per contra, Mrs. Thorat, learned counsel appearing for the
              Zilla Parishad points out the remedy of filing appeal before the Chief
              Executive Officer under Maharashtra Zilla Parishad (Discipline and
                                    2                WP / 11964 / 2022


Appeal) Rules, 1964 against this order, more particularly, Rule 4
thereof.


5.            Having heard the learned counsel for the respective
parties, there is no dispute about the fact that before passing the
impugned order, show cause notice was not given to the petitioner and,
therefore, without going into the merits of the matter, on the ground of
clear violation of principles of natural justice, I am inclined to allow the
petition.


6.            In view of that, writ petition is allowed. The order dated
24.11.2022 passed by respondent no. 1 - the Chief Accountant and
Finance Officer, Zilla Parishad, Nanded is quashed and set aside.


7.            This Court has not given any finding on the merits of the
matter and the order passed by respondent no. 2 is quashed and set
aside only on the ground that show cause notice was not given to the
petitioner.


8.            Respondent no. 2 shall give show cause notice to the
petitioner and pass an appropriate order in accordance with law within
a period of two months from today.



                                [ SIDDHESHWAR S. THOMBRE ]
                                          JUDGE

arp/

Continue reading with your account

Checking your session…