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Bombay High Court

JITENDRA MANOHAR HANEversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY FOR RURAL DEVELOPMENT DEPARTMENT AND ORS

Decided
Disposal
Disposed Off

Holding

The appellate authority must consider the declaration relief and the impugned order is quashed and remanded for fresh consideration.

Summary

The petitioner, Jitendra Manohar Hane, challenged the order of the Appellate Authority which had only addressed the charges against him and modified the penalty, but failed to consider his request for a declaration that his suspension from 27 August 2017 to 25 July 2019 was invalid. The High Court observed that the appellate authority had not recorded any finding on the declaration relief and that the impugned order contained no discussion of this issue. Consequently, the Court held that the order must be quashed and remanded to the Appellate Authority to consider all issues, including the validity of the suspension, and to give detailed findings. The Court also directed that the matter be dealt with expeditiously given the petitioner's impending superannuation. The writ petition was disposed of after setting aside the impugned order and ordering a fresh hearing before the Appellate Authority.

Issues considered

  • Whether the Appellate Authority erred by not considering the petitioner's relief seeking a declaration that the period of suspension was invalid
  • Whether the impugned order should be quashed and remanded for fresh consideration of all issues

Subjects

  • suspension
  • administrative law
  • appellate authority
  • writ petition
  • quashing
  • remand
  • declaration
  • penalty

Judgment

2026:BHC-AS:13887

                                                                         20 WP 16093-23.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 16093 OF 2023

                    Jitendra Manohar Hane                              ... Petitioner.
                         Versus
                The State of Maharashtra Thr. Its Secretary For ... Respondents.
                Rural Development Department and Ors.
                                              —————
                Mr Govind B. Solanke, for the Appellants.
                Ms Pratibha J. Gavhane, AGP for Respondent Nos.1 and 2.
                None for Respondent Nos.3 to 5.
                                              —————

                                                Coram : Sharmila U. Deshmukh, J.
                                                Date : March 18, 2026
                P.C. :

                1.       Despite service and the matter being adjourned for time to

                time, none appears on behalf of he Respondent No.3 - Zilla

                Parishad, Pune and hence, the petition was taken up for hearing.

                Apart      from    other   submissions    canvassed,   learned    counsel

                appearing for the Petitioner submits that the Appellate Authority

                has not considered the relief of declaration that the period of

                suspension from 27th August, 2017 to 25th July, 2019 is invalid and

                to be set aside.

                2.       Upon perusal of the impugned order, it appears that the

                Appellate Authority has recorded 9ndings only on the charges

                framed against the Petitioner and has partly allowed the Appeal,

                modifying the penalty imposed by the Chief Executive O;cer, Zilla


                sa_mandawgad                     1 of 2
                                                                                      20 WP 16093-23.doc


                            Parishad. The relief as regards declaration that the period of

                            suspension is invalid has not been considered by the Appellate

                            Authority. There is no discussion about the same in the impugned

                            order and no 9nding is recorded by the Appellate Authority. The

                            appropriate course would be to remand the matter to Appellate

                            Authority to enable the Authority to render 9ndings on all issues.

                            3.       In light of the above, the impugned order is quashed and set

                            aside and the matter is remanded to the Appellate Authority to be

                            considered afresh and to render detailed 9ndings on all issues.

                            Considering      that   the   Petitioner   is   nearing     the   age    of

                            superannuation, the Appellate Authority is requested to decide the

                            Appeal expeditiously.

                            4.       Writ Petition is disposed of in the above terms.



                                                                       [Sharmila U. Deshmukh, J.]




Signed by: Sanjay A. Mandawgad
                             sa_mandawgad
Designation: PA To Honourable Judge
                                                              2 of 2
Date: 24/03/2026 14:18:39


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