Shri Sanjay Laxmanrao Kanoje vs Union Of India Thr. Secretary To ...
2017 Latest Caselaw 8909 Bom

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         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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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

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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.