Case Note & Summary
The petitioner, Ku. Chhaya Purshottam Shedmake, a Junior College Teacher employed with Zilla Parishad, Yavatmal, was promoted to the post of Junior College Teacher by order dated 3-5-2012. Respondent No.5, Nilkanth S/o Tulsiramji Kulsange, who was aggrieved by this promotion, filed an appeal under Rule 14 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 (the said Rules). The Divisional Commissioner, Amravati, dismissed that appeal on 27-6-2016. Thereafter, respondent No.5 filed a review petition under Rule 24 of the said Rules before the same authority. The Divisional Commissioner allowed the review petition by order dated 17-6-2017, thereby setting aside the earlier dismissal and granting relief to respondent No.5. The petitioner challenged this review order before the Bombay High Court at Nagpur. The core legal issue was whether a review petition under Rule 24 of the said Rules is maintainable against an order dismissing an appeal that challenged a promotion order. The petitioner argued that Rule 24 permits review only against orders imposing penalties, not against orders dismissing appeals. The respondent No.5 contended that the review was maintainable. The court examined Rule 24, which states that the Divisional Commissioner may review any order passed in an appeal imposing any of the penalties specified in Rule 5. Since the order dated 27-6-2016 merely dismissed the appeal and did not impose any penalty, the court held that no review lay against it. The court further noted that the review petition was not maintainable and the Divisional Commissioner had no jurisdiction to entertain it. Consequently, the impugned order dated 17-6-2017 was quashed and set aside. The writ petition was allowed, and the rule was made absolute with no order as to costs.
Headnote
A) Service Law - Review - Maintainability - Rule 24 of Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 - Review petition is maintainable only against an order passed in appeal imposing any of the penalties specified in Rule 5 of the said Rules - The order dismissing an appeal challenging promotion does not impose any penalty and hence no review lies against such order - Held that the Divisional Commissioner erred in entertaining and allowing the review petition (Paras 5-6).
Issue of Consideration
Whether a review petition under Rule 24 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 is maintainable against an order dismissing an appeal challenging a promotion order
Final Decision
The writ petition is allowed. The impugned order dated 17-6-2017 passed by the Divisional Commissioner, Amravati in the review petition is quashed and set aside. Rule is made absolute with no order as to costs.
Law Points
- Review petition under Rule 24 of Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules
- 1964 is maintainable only against an order imposing any of the penalties specified in Rule 5
- not against an order dismissing an appeal challenging promotion
Case Details
2018 LawText (BOM) (03) 121
WRIT PETITION NO.4855 OF 2017
Shri R. S. Khobragade for petitioner; Mrs. S. Jachak, Assistant Government Pleader for respondent Nos.1 to 3; Shri Vikas Kulsange for respondent No.5
Ku. Chhaya Purshottam Shedmake
State of Maharashtra through its Secretary, Ministry of Village Development and Water Conservation Division, Mumbai32; Divisional Commissioner, Amravati Division; Additional Commissioner, Amravati Division; Chief Executive Officer, Zilla Parishad, Yavatmal; Nilkanth S/o Tulsiramji Kulsange
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Nature of Litigation
Writ petition challenging order allowing review petition under service rules
Remedy Sought
Petitioner sought quashing of order dated 17-6-2017 passed by Divisional Commissioner allowing review petition of respondent No.5
Filing Reason
Petitioner was aggrieved by the Divisional Commissioner allowing review petition against dismissal of appeal challenging her promotion
Previous Decisions
Promotion order dated 3-5-2012 in favour of petitioner; appeal by respondent No.5 dismissed on 27-6-2016; review petition allowed on 17-6-2017
Issues
Whether a review petition under Rule 24 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 is maintainable against an order dismissing an appeal challenging a promotion order
Submissions/Arguments
Petitioner submitted that review under Rule 24 is maintainable only against an order imposing any of the penalties specified in Rule 5, and since the order dated 27-6-2016 dismissed the appeal and did not impose any penalty, the review petition was not maintainable
Respondent No.5 argued that the review petition was maintainable
Ratio Decidendi
A review petition under Rule 24 of the Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 is maintainable only against an order passed in appeal imposing any of the penalties specified in Rule 5. An order dismissing an appeal challenging a promotion does not impose any penalty and therefore no review lies against such order. The Divisional Commissioner had no jurisdiction to entertain the review petition.
Judgment Excerpts
Rule 24 of the said Rules permits the Divisional Commissioner to review any order passed in an appeal imposing any of the penalties specified in Rule 5 of the said Rules.
The order dated 27-6-2016 was an order dismissing the appeal filed by respondent No.5. The said order did not impose any penalty as specified in Rule 5 of the said Rules.
In that view of the matter, the review petition filed by respondent No.5 under Rule 24 of the said Rules was not maintainable.
Procedural History
Petitioner promoted on 3-5-2012. Respondent No.5 filed appeal under Rule 14 which was dismissed on 27-6-2016. Respondent No.5 then filed review petition under Rule 24 which was allowed on 17-6-2017. Petitioner challenged the review order by filing writ petition on 5-9-2017. Heard and decided on 1-3-2018.
Acts & Sections
- Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964: Rule 24, Rule 14, Rule 5
