Dr. Sunita Suresh Thorat (Mrs. Sunita Nilesh Patil) vs. Zilla Parishad

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. Writ Petition No.3488 Of 2013. Dr. Sunita Suresh Thorat :: Petitioner. -------------------------- ---- ------------- Versus. Zhilla Parishad Satara & Ors. :: Respondents. •• itespondents. Appearance :- Mr. Matugade i/b. Mr. Sugandh Deshmukh, Advocate for the Petitioner. None present for the Respondents. Coram :: V.M. Kanade, & F.M. Reis, JJ. Date :: th April, 2013. 8 P.C. : Issue notice to the respondents returnable after four weeks. (F.M. REIS, J.) (V.M. KANADE,J.) 1

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELATE AND ORDINARY ORIGINAL CIVIL JURISDICTION COMMON ORDER CORAM : A.S.OKA, & G.S.PATEL,JJ. DATE : JULY 19,2013 P.C.: . The following matters on Balance BoardDaily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates as may be fixed by C.M.I.S. Sr.No. C.M.I.S.Date 42,43,44,901 31/07/2013 45,46,47,49,53,58,59,60,61,62, 63,64,65,904 01/08/13 50,51,52,905 02/08/13 54 05/08/13 55,56,57,910,911,912,913,914,915 08/08/13 . If in any of the above matters, ad interim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected. (G.S.PATEL,J.) (A.S.OKA,J.)

Order - Status 11: agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE AND ORDINARY ORIGINAL CIVIL JURISDICTION COMMON ORDER FOR BALANCE DAILY / SUPPLEMENTARY BOARD DATED 1st AUGUST 2013 CORAM : A.S. Oka, & G.S. Patel, JJ. DATE : 1 st August 2013 P.C. : The following matters on Balance Board / Daily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates as may be fixed by C.M.I.S. Sr. Nos. C.M.I.S. Date 7, 54, 71, 72, 73, 74, 85, 89, 91 12/08/13 51, 52, 66, 90, 904, 906, 907, 909, 911, 913, 915, 916, 917, 918, 919, 920, 921, 922 16/08/13 53, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68, 69, 70, 78, 79 28/08/13 75, 76, 77, 88, 901 13/08/13 80, 81, 82, 83, 84, 87, 912, 914 29/08/13 86 27/09/13 If in any of the above matters, adinterim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected. (G.S. Patel, J.) (A.S. Oka, J.)

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION COMMON ORDER CORAM : A.S.OKA & G.S.PATEL, JJ DATE : 16TH AUGUST 2013 P.C: . On account of paucity of time, rest of the matters on daily board and supplementary board stand adjourned on the dates fixed as per the CMIS. Sr. Nos. Adjourned date 57 ) 21st September 2013 58 ) 23rd September 2013 60, 61, 63, 64, 65, 66, 67, 68, 69, 70, 72 and 73 ) ) 19th September 2013 62, 71, 76, 80, 81, 87, 92, 94, 95, 97, 98, 99, 903 and 904 ) ) 30th August 2013 74, 75, 77, 78, 79, 82, 84, 86, 88, 89, 90, 91, 93, 905 and 906 ) ) 20th September 2013 83 and 85 ) 21st October 2013 96 and 901 ) 26th August 2013 If any adinterim or interim relief granted in the aforesaid matters is operative till today, the same will continue to operate till the dates which are fixed under this order. If there is an extreme urgency, the parties can get the papers produced before the Court. (G.S.PATEL, J) ( A.S. OKA, J ) ---------------- -----------------

Order - Status 15: 903,906,907,909,910n912 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION COMMON ORDER CORAM : A.S.OKA & REVATI MOHITE­DERE, JJ DATE : 30TH AUGUST 2013 P.C: . On account of paucity of time, rest of the matters on daily board and supplementary board stand adjourned on the dates fixed as per the CMIS. Sr. Nos. Adjourned date 50, 51, 52 and 54 ) rd October 2013 3 53 and 902 ) 12th September 2013 55, 56, 60, 910 and 912 ) th October 2013 4 57, 58, 59, 61, 62, 65, 66, 67, 68, 69, 70, 71, 903, 906 and 907 ) ) 20th September 2013 63 ) 25th September 2013 64 ) 19th October 2013 901 ) 26th September 2013 909 ) 21st September 2013 If any adinterim or interim relief granted in the aforesaid matters is operative till today, the same will continue to operate till the dates which are fixed under this order. If any adinterim or interim order is to operate till further orders, such orders shall remain unaffected. If there is an extreme urgency, the parties can get the papers produced before the Court. (REVATI MOHITEDERE, J) ( A.S. OKA, J )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELATE AND ORDINARY ORIGINAL CIVIL JURISDICTION COMMON ORDER CORAM : A.S.OKA, & REVATI MOHITE DERE,JJ. DATE : SEPTEMBER 20,2013 P.C.: . The following matters on Balance BoardDaily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates as may be fixed by C.M.I.S. Sr.No. C.M.I.S.Date 27,28,29,30,31,42,50,54,55,57,58,59, 64,65,66,70,71,74,904,905,906,907 07/10/2013 32,33,34,35,36,910 19.10.2013 37,38,39,40,41,43,44,45,46,47,48,49, 51,52,53,56,60,61,62,67 21.10.2013 68, 72 28.11.2013 69,76,77,78,80,85 22.10.2013 73 29.11.2013 75,79,81,82,83,84,86,87 08/10/13 901 01/10/13 902, 903 04/10/13 . If in any of the above matters, ad interim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected.

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION COMMON ORDER CORAM : A.S.OKA & REVATI MOHITE DERE, JJ DATE : 07th OCTOBER, 2013 P.C: . On account of paucity of time, rest of the matters on daily board and supplementary board stand adjourned on the dates fixed as per the CMIS. Sr. Nos. Adjourned date 43, 44, 45, 46, 47 ) 23rd October, 2013 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 61, 69, 70, 74, 76, 77, 78, 79, 80, 81 ) 24th October, 2013 59 ) 15th November, 2013 60 ) 18th October, 2013 62, 63, 65, 66, 67, 68, 71, 72, 73, 75, 82, 92 19th October, 2013 64 ) 22nd October, 2013 83, 84, 86, 88, 89, 91 25th October, 2013 90, 93 ) 05th December, 2013 If any adinterim or interim relief granted in the aforesaid matters is operative till today, the same will continue to operate till the dates which are fixed under this order. If interim relief or adinterim relief is not granted for limited duration, the said orders will remain unaffected. If there is an extreme urgency, the parties can get the papers produced before the Court. (REVATI MOHITE DERE, J) ( A.S. OKA, J )

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION COMMON ORDER CORAM : A.S. OKA AND REVATI MOHITE DERE, JJ. DATED : OCTOBER 24, 2013. P.C. On account of paucity of time, as this Court was required to take up final hearing Board in the afternoon session, rest of the matters on daily board and supplementary board stand adjourned on the dates fixed as per the CMIS, as mentioned below: Sr. Nos. Adjourned date/CMIS Date 36, 37, 45, 46, 47, 48, 49, 50, 51 ) 18th November, 2013 38, 41 ) rd 3 December, 2013 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, ) 62, 63, 64, 65, 66, 67, 68, 901, ) 19th November, 2013 69, 70, 71, 72, 80, 81, 85, 89, 91, 92, ) 94, 95, 96, 904, 905 ) 20th November, 2013 73, 74, 75, 76, 77, 78, 79, 84, 86, 87, ) 88, 90, 93, 97, 98, 99, 100, 101, 102, ) 103, 105, 906 ) ) ) ) th December, 2013 4 82, 83, 104, 107, 108 ) 11th November, 2013 106 ) 28th November, 2013 If any ad-interim or interim relief granted in the aforesaid matters is operative till today, the same will continue to operate till the dates which are fixed under this order. If interim relief or ad-interim relief is not granted for limited duration, the said orders will remain unaffected. If there is an extreme urgency, the parties can get the papers produced before the Court. (REVATI MOHITE DERE, J.) (A. S. OKA, J.)

Order - Status 27: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3488 OF 2013 Dr. Sunita Suresh Thorat (Mrs. Sunita Nilesh Patil) ..Petitioner. Vs. Zilla Parishad, Satara & Anr. ..Respondents. ----- Mr. A.V. Anturkar, Senior Advocate a/w Mr. Tanaji Mahatugde i/b Mr. S.B. Deshmukh for Petitioner. Mr. Uday P. Warunjikar a/w Mr. Bhushan Deshmukh for Respondent Nos.1 & 2. Mr. C.P. Yadav, AGP for State. CORAM: NARESH H. PATIL & A.S. GADKARI, JJ. DATE : 13th January 2015. P.C. Leave to add the State as party-Respondent. Amendment to be carried out forthwith. Learned AGP waives service for the State. 2 Learned Senior Counsel appearing for the Petitioner submits that the Petitioner is under suspension since 5th February 2013 consequent to the impugned order dated 5th February 2013 on the allegations of the incident which is described in the said order. It is submitted that the impugned order be stayed as it is passed without authority of law and even on merits, the order of suspension is not sustainable. 3 The learned Counsel appearing for the Respondent No.1-Zilla Parishad states that the Zilla Parishad has forwarded the proposal to the State government after holding preliminary enquiry by a communication dated 23rd April 2013 in accordance with the Government Resolution dated 28th March 2012. So far the State Government has not communicated its decision. 4 The facts reveal that on the incident which is reflected in the impugned order, the Medical Officer has been suspended and she continues to be under the suspension since 5th February 2013. So far no enquiry has been initiated against her. We find appropriate in the facts of the case that until further orders, the services of the Medical Officer could be made available to the rural people. 5 Prima facie, we are convinced to pass the following order: By way of an interim order, we stay the order of suspension. The Petitioner shall report to her duties at the earliest. 6 Stand over to 3rd February 2015. (A.S. GADKARI, J.) (NARESH H. PATIL, J.) wp.3488-2013

Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 15th December, 2016 P.C. : Due to paucity of time Stand Over to 22/12/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 31: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 22nd December, 2016 P.C. : Due to paucity of time Stand Over to 05/01/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 5th January, 2017 P.C. : Due to paucity of time Stand Over to 12/01/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 34: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 12th January, 2017 P.C. : Due to paucity of time Stand Over to 19/01/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 36: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 19th January, 2017 P.C. : Due to paucity of time Stand Over to 02/02/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 38: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 2nd February, 2017 P.C. : Due to paucity of time Stand Over to 09/02/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 39: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 9th February, 2017 P.C. : Due to paucity of time Stand Over to 16/02/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 41: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 23rd February, 2017 P.C. : Due to paucity of time Stand Over to 02/03/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 43: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 2nd March, 2017 P.C. : Due to paucity of time Stand Over to 09/03/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 45: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 9th March, 2017 P.C. : Due to paucity of time Stand Over to 16/03/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 47: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 16th March, 2017 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief, if any, to continue till then. Stand over to 22/03/2017 on Supplementary Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 49: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (mrs. Sunita Nilesh Patil) ....Petitioner V/S Zilla Parishad, Satara And Anr ....Respondent Mr.Tanaji Mhatugade i/by Mr.Sugandh B. Deshmukh Advocate for Petitioner. Mr.Uday P. Warunjikar Advocate for Respondent No.1 And 2. Ms.Sushma Bhende AGP for Respondent No.3. CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ DATE : 22nd March, 2017 P.C. : Stand over to 24/03/2017 for Passing Orders. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 53: 904.wp.3488.13.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3488 OF 2013 Dr. Sunita Suresh Thorat (Mrs. Sunita Nilesh Patil) ..Petitioner Vs. Zilla Parishad, Satara and Others ..Respondents Mr. Anil V. Anturkar, Senior Counsel i/b Mr. Sugandh B. Deshmukh, for the Petitioner. Mr. Uday P. Warunjikar, for Respondent Nos.1 and 2. Ms. Sushma Bhnde, AGP, for the State. CORAM :- S.C. DHARMADHIKARI & B.P.COLABAWALLA, JJ. DATE :- MARCH 24, 2017. P. C.: The Petitioner at the relevant time was posted at Primary Health Center and which was controlled by the Satara Zilla Parishad. 2 An order of suspension was issued by the then Chief Executive Officer of that Zilla Parishad on 5th February, 2013, which is under challenge. 3 While dealing with the challenge at ad-interim stage, a Division Bench of this Court passed the following order:- " Leave to add the State as party-Respondent. Amendment to be carried out forthwith. Learned AGP waives service for the State. 2 Learned Senior Counsel appearing for the Petitioner submits that the Petitioner is under suspension since 5th February 2013 consequent to the impugned order dated 5th February 2013 on the allegations of theincident which is described in the said order. It is submitted that the impugned order be stayed as it is passed without authority of law and even on merits, the order of suspension is not sustainable. 3 The learned Counsel appearing for the Respondent No.1-Zilla Parishad states that the Zilla Parishad has forwarded the proposal to the State government after holding preliminary enquiry by a communication dated 23rd April 2013 in accordance with the Government Resolution dated 28th March 2012. So far the State Government has not communicated its decision. 4 The facts reveal that on the incident which is reflected in the impugned order, the Medical Officer has been suspended and she continues to be under the suspension since 5th February 2013. So far no enquiry has been initiated against her. We find appropriate in the facts of the case that until further orders, the services of the Medical Officer could be made available to the rural people. 5 Prima facie, we are convinced to pass the following order: By way of an interim order, we stay the order of suspension. The Petitioner shall report to her duties at the earliest. 6 Stand over to 3rd February 2015." 4 That order is operative till date. 5 Mr. Warunjikar on the earlier occasion had sought time to take instructions and revert back to this Court as to whether the Petitioner indeed was allowed to report for duties. 6 Mr. Warunjikar produces photocopy of a communication received from the Satara Zilla Parishad and particularly signed by the District Health Officer dated 23rd March, 2017. That indicates that Dr. Sunita Suresh Thorat now Mrs Sunita Nilesh Patil has been allowed to report for work but after permitting her to resume duties at the very Primary Health Center, later on, the District Health Officer has posted the Petitioner at some other Primary Health Center. She has, therefore, reported for work by joining duties at that Primary Health Center. The instructions are that the Petitioner is allowed to work. 7 In the light of the ad-interim order passed by this Court which ensures that a Primary Health Center has services of a qualified Doctor and particularly a lady Doctor, Aswale 3/5 we do not wish to proceed with this Writ Petition any further. The Petitioner admittedly was on deputation and to this health services of the Satara Zilla Parishad. She is stating that she is a State Government employee. The Satara Zilla Parishad is awaiting instructions from the Government as to whether the Satara Zilla Parishad can enquire into a misconduct of the Petitioner or it would be the employer who has appointed her on a substantive post who is empowered to hold such enquiry. 8 We only direct that if any written proposal for initiating a disciplinary enquiry against the Petitioner and from the Satara Zilla Parishad is pending consideration of the State Government, the Competent Authority therein should take a decision on this proposal and as expeditiously as possible. We direct that the decision be taken within two months, if such written proposal is pending consideration. 9 We dispose off the Writ Petition by confirming the ad-interim order but at the same time clarifying that neither Aswale 4/5 have we expressed any opinion on whether the Petitioner has committed any misconduct nor have we expressed our view on the powers of any particular authority to hold such disciplinary enquiry. Therefore, the issue of maintainability of such proceedings, jurisdiction of authority and equally the contentions on the merits of the charges, are kept open. They shall be gone into uninfluenced by the order in the Writ Petition. We take on record a communication addressed to Mr. Warunjikar and mark it "X" for identification. (B. P. COLABAWALLA, J.) (S. C. DHARMADHIKARI, J.)