1 WP6187-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No. 6187/2017
Shri Sanjay Laxmanrao Kanoje,
Aged about 48 years,
Occ. Chargeman (Tech),
Ordnance Factory Bhandara,
R/o Quarter No.29/4, Type G
Ordnance Factory Estate,
Jawaharnagar, District Bhandara.
.. PETITIONER
.. Versus ..
1. Union of India,
through the Secretary to the
Government of India,
Ministry of Defence,
South Block New Delhi -01.
2. The Chairman,
Ordnance Factory Board Ayudh
Bhavan 10-A, Shahid Khudiram
Bose Marg, Kolkata - 700 001.
3. The Director General,
Ordnance Factory Board,
Ayudh Bhavan 10-A,
Shahid Khudiram
Bose Marg, Kolkata - 700 001.
4. The General Manager,
Ordnance Factory, Bhandara. .. RESPONDENTS
Mr. A.M. Sudame, Advocate for Petitioner.
Mr. S.A. Chaudhari, Advocate for Respondent Nos. 1 to 4.
...
CORAM : B.R. GAVAI & MRS. SWAPNA S. JOSHI, JJ.
DATED : NOVEMBER 21, 2017.
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2 WP6187-17.odt ORAL JUDGMENT (per B.R. Gavai, J. ) 1. Rule. Rule made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. The petitioner has approached this Court being aggrieved by the order dated 19.09.2017 passed by the Learned Administrative Tribunal, Mumbai Bench, Camp at Nagpur, thereby rejecting the application filed by the present petitioner for grant of interim protection in Original Application No. 215 of 2017.
3. Taking into consideration the fact that in the earlier original application filed by the present petitioner which was dismissed for default an interim protection was operative, this Court vide order dated 21.09.2017 has granted interim relief in terms of prayer clause (iii) till the next date.
4. Taking into consideration the peculiar facts and circumstances and particularly the fact that an interim protection was operating in earlier original application filed by the present petitioner which came to be dismissed for want of prosecution, we find that the interest of justice would be met by directing that the original application itself be disposed of expeditiously and till then the effect of the order dated 13.09.2017 is stayed.
5. In the result, rule is made absolute in the following terms:
The Learned Administrative Tribunal is directed to decide the original application filed by the present petitioner as ::: Uploaded on - 21/11/2017 ::: Downloaded on - 22/11/2017 01:51:11 ::: 3 WP6187-17.odt expeditiously as possible and in any case within a period of three months from today. Until decision of the original application, the order dated 13.09.2017 shall stand stayed.
(Mrs. Swapna S. Joshi, J. ) (B.R. Gavai, J.) ...
halwai/p.s.
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