Bombay High Court
ARJUN DHANGAR MORE NEE ARJUN SAKHARAM MOREversusTHE STATE OF MAHARASHTRA DIVISIONAL COMMISSIONER AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The revocation of the suspension order extinguishes the petition’s subject matter, leading to its disposal, while preserving the petitioner’s right to contest the inquiry proceedings.
Summary
Arjun Dhangar More, a Health Assistant, challenged his suspension order dated 13 February 2025 issued by the Zilla Parishad. The petitioner filed a writ petition seeking relief against the suspension. The Zilla Parishad subsequently issued a revocation order on 27 February 2026, directing the petitioner to rejoin duties at Shahapur, subject to the outcome of an ongoing inquiry. The Court noted that the revocation order nullified the basis of the petition and therefore there was nothing left to adjudicate. However, the Court kept open the petitioner’s right to contest the inquiry proceedings and any adverse findings therein. The petition for suspension allowance was left for the Zilla Parishad to consider under law. Consequently, the writ petition was disposed of without any order as to costs.
Issues considered
- What is the effect of a revocation order on a pending writ petition challenging a suspension?
- Whether the petitioner retains the right to challenge the inquiry proceedings despite the revocation of the suspension order.
Subjects
- suspension
- revocation
- writ petition
- administrative law
- service law
- health assistant
- inquiry proceedings
Judgment
17-WP-5577-25.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5577 OF 2025
Arjun Dhangar More …Petitioner
@ Arjun Sakharam More
Versus
The State of Maharashtra
Through Divisional Commissioner & Ors. …Respondents
----------
Ms. Preeti Walimbe a/w Ms. Vaishnavi Nagargoje, Ms. Rutika for the
Petitioner.
Ms. Reena A. Salunkhe, AGP for the Respondent No. 1 – State.
Mr. Ashish S. Gaikwad a/w Ms. Savita A. Gaikwad, Mr. Anirudh Rote,
Mr. Sagar G. Bhoir for the Respondent Nos. 2 to 4.
----------
CORAM : R.I. CHAGLA J
ADVAIT M. SETHNA, J
DATE : 4 March 2026
ORDER :
1. The learned Counsel for the Petitioner has tendered an
SHARAYU
PANDURANG
KHOT
order passed by the Respondent - Zilla Parishad dated 27th February
Digitally
signed by
SHARAYU
PANDURANG
KHOT
2026, by which the suspension order dated 13th February 2025 has
Date:
2026.03.07
10:58:55
+0530
been revoked. The Petitioner has been directed to join the duties at
Shahapur. The revocation order dated 27th February 2026, which is
1/3
17-WP-5577-25.doc
tendered, is taken on record and marked “X” for identification.
2. In view of the revocation order marked X, nothing
survives in the present Petition, which impugns the suspension order.
3. The rights and contentions of the Petitioner are kept
open including the rights to challenge the inquiry proceedings as well
as any adverse order, if passed therein, considering that the
revocation order is made subject to the outcome of the inquiry
proceedings against the Petitioner.
4. The learned Counsel for the Petitioner has stated that the
Petitioner is willing to join the duties, as Health Assistant in primary
Health Centre at Thaluka Shahapur, Thane District as per revocation
order dated 27th February 2026 without prejudice to the rights of the
Petitioner.
5. The Petitioner’s plea for the suspension allowance to be
paid by the Respondent – Zilla Parishad to the Petitioner shall be
considered by the Respondent – Zilla Parishad in accordance with
law.
2/3
17-WP-5577-25.doc
6. The Writ Petition is accordingly, disposed of with no
order as to costs.
[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.]
3/3
Checking your session…