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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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