RUTURAJ Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-6-63
HIGH COURT OF BOMBAY
Decided on June 15,2021

RUTURAJ Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

DIPANKAR DATTA - (1.) For the purpose of filling up vacancies on the post of Clerk in the establishment of Ahmednagar District Central Co-operative Bank, a recruitment process was initiated. In connection therewith, a select list was prepared and submitted for approval of the competent authority. Several complaints were lodged by persons aggrieved by the select list. They alleged that the select list was tainted because of nepotism, favouritism etc. that crept in, in the recruitment process. To unearth the truth, a four-member committee was appointed to enquire into the complaints that were received. Based on the report of enquiry dated 17th January, 2018, the Joint Registrar, Co-operative Societies, Department of Co-operation cancelled the select list by an order dated 28th February, 2018.
(2.) There was an earlier round of litigation before this Court, wherein cancellation of the select list by the Joint Registrar was challenged. The petitioners included the bank as well as the selectees. A coordinate Bench of this Court by its common judgment and order dated 5th April, 2019 disposed of all the writ petitions [Writ Petition No. 8811 of 2018 (filed by the bank) with connected petitions] with the following order: "22. For the reasons aforesaid, the Writ Petitions are disposed of in terms of the following order:- ORDER (i) Writ Petition No. 8811/2018 is partly allowed. (ii) The impugned decision dated 28.2.2018, cancelling the select lists is hereby partly set aside. (iii) The cancellation of select lists to the extent of 36 candidates selected for the post of Junior Officers, mentioned at Page No. 289 of the enquiry report-Part I-whose names find place in the select list appearing at Pages 363 to 375 of the enquiry report (Paper Book Pages 391 to 421 of Writ Petition No. 8811/2018); and 28 candidates selected for the post of Clerk (Page 443 of the enquiry report Volume II (Pages 431 to 456 of Paper Book of Writ Petition No. 8811/2018) is upheld. The respondent No. 3 shall, however, again scrutinise the entire record of these candidates and take a final decision about their selection within a period of six months from today. (iv) The decision of cancellation of the selection of other candidates named in the select lists is, thus, set aside. (v) In view of the above order, Writ Petitions No. 2666/2018, 2671/2018, 2689/2018, 2690/2018, 2691/2018 and 2695/2018 and the pending Civil Applications therein are disposed of. Rule made partly absolute in above terms."
(3.) Pursuant to the aforesaid order of the coordinate Bench, further enquiry was conducted. Although in pursuance of the further enquiry report several selectees ultimately came to be appointed, the petitioner was not considered for appointment. Aggrieved thereby, the writ jurisdiction of this Court has been invoked by the petitioner.;


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