Bombay High Court
RAMPRASAD TUKARAM DABHADEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the petitioner must first avail the revision remedy under Rule 15.
Summary
Ramprasad Tukaram Dabhade filed a writ petition challenging an order dated 28.05.2018 passed by the Additional Divisional Commissioner under the Maharashtra Zilla Parishads, District Services (Discipline and Appeal) Rules, 1964. The petitioner sought relief despite the existence of a statutory revision remedy under Rule 15 of those Rules. The Court examined the statutory scheme and held that the petitioner has an efficacious remedy of filing a revision and must first pursue that remedy. Consequently, the petition was disposed of, granting the petitioner liberty to file a revision within eight weeks, with the time spent on the petition to be considered. The State Government was directed to decide the revision expeditiously, preferably within six months.
Issues considered
- Whether the writ petition is maintainable when a revision remedy under Rule 15 of the Maharashtra Zilla Parishads, District Services (Discipline and Appeal) Rules, 1964 is available.
Legislation cited
- Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964
Subjects
- writ petition
- revision
- administrative law
- disciplinary proceedings
- statutory remedy
Judgment
2026:BHC-AUG:19930
Dilwale 1 70-WP-790-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
70 WRIT PETITION NO. 790 OF 2019
Ramprasad Tukaram Dabhade
VERSUS
The State Of Maharashtra And Others
...
Advocate for the Petitioner : Mr. Deshmukh Vijay Vasantrao
AGP for Respondent-State: Mr. B. A. Shinde
Advocate for Respondent No.3 : Mr. Madne Savita E
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28.04.2026
PER COURT :
1. Heard learned counsel for the respective parties.
2. The petitioner has challenged the order dated 28.05.2018 passed
by the Additional Divisional Commissioner. The present proceedings arise
out of the action initiated against the petitioner pursuant to the
provisions of the Maharashtra Zilla Parishads, District Services (Discipline
and Appeal) Rules, 1964.
3. In view of the statutory scheme, the petitioner has an efficacious
remedy of filing a revision under Rule 15 of the said Rules.
4. Considering the availability of the alternate remedy, the present
petition is disposed of with liberty to the petitioner to file a revision.
5. Needless to mention that if the petitioner files the revision within a
period of eight weeks from today, the time spent in prosecuting the
Dilwale 2 70-WP-790-19.odt
present petition shall be taken into consideration by the concerned
authority.
6. If such revision is filed within the stipulated period, the State
Government shall decide the same as expeditiously as possible and
preferably within a period of six months.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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