Sivasankaran K. Nambiar vs Union Of India And Ors
2021 Latest Caselaw 11589 Bom

                                                                                      1.WP2024.2005.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                  WRIT PETITION NO. 2024 OF 2005

               Sivasankaran K. Nambiar.                             ... Petitioner.
               V/s.
               Union of India & ors..                               ... Respondents.
                                             -------------------
               Mr. K.P. Anilkumar a/w. Ms. Priyanka Kumar and Mr. Chinmay Apte,
               advocate for petitioner.
               Mr. Agnel Carneira, Mr. Vaibhav Shah i/b. Mulla and Mulla & C.B. C.
               advocate for respondent No. 3 and 4.
                                            ---------------------
                              CORAM : SMT. SADHANA S. JADHAV &
                                      SARANG V. KOTWAL, JJ.

Digitally signed by ARUNA S TALWALKAR DATE : AUGUST 23, 2021.

ARUNA S TALWALKAR Date:

2021.08.24 14:42:47 +0530

P.C.

1 The Petitioner herein has challenged his suspension from

service vide order dated 4/1/2000. His services were subsequently

terminated on 19/7/2004, since there were criminal proceedings pending

against him. The learned Counsel for the Petitioner has brought to our

notice that Learned Additional Chief Metropolitan Magistrate vide

Judgment and Order dated 26/7/2012 has acquitted the Petitioner of all

the charges levelled against him. In view of his acquittal, he has filed an

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1.WP2024.2005.doc

application to the employer to reinstate him. However, he has been

informed that the Petition filed by him challenging the order of dismissal

is pending before the High Court and the same needs to be decided.

Learned Counsel for the Petitioner submits that the order of acquittal

passed by the learned Additional Chief Metropolitan Magistrate has not

been challenged by the State in appeal.

2 The learned Counsel for the respondent seeks time to take

instructions. Time as prayed for is granted. Stand over to 2/9/2021 at

2.30 p.m..

        (SARANG V. KOTWAL, J)        (SMT. SADHANA S. JADHAV, J)




    Talwalkar                                                             2 of 2