Vishnu Babu Mule vs Union Of India Through The General ...
2021 Latest Caselaw 15478 Bom

                                                                                    2. wp 2888.2019
                      Urmila Ingale


         Digitally
         signed by
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         URMILA
URMILA
PRAMOD
         PRAMOD
         INGALE
         Date:
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
INGALE   2021.10.28
         18:45:23
         +0530




                                             WRIT PETITION NO. 2888 OF 2019


                                 Vishnu Babu Mule                   .... Petitioner
                                      Vs.
                                 Union of India and anr.            ..... Respondents


                                 Ms. Tanaya Patankar i/b Mr. Sanjay Gawde, for the
                                 Petitioner.
                                 Mr. Neel Helekar a/w Mr. Aniruddha A. Garge, for the
                                 Respondents.


                                                   CORAM : DIPANKAR DATTA, CJ &
                                                           M. S. KARNIK, J.

DATE: OCTOBER 27, 2021

P.C.:

1. On October 20, 2021 we had adjourned hearing with a

view to enable Mr. Helekar, learned counsel for respondents

to inform us as to whether any additional affidavit was filed

before the Central Administrative Tribunal, Mumbai Bench,

Mumbai (hereafter "the Tribunal" for short) after disposal of

Writ Petition No. 851 of 2013 by the order of a coordinate

Bench of this Court dated 24th January 2018 explaining the

2. wp 2888.2019

reasons for the delay in issuance of the charge-sheet

against the petitioner. Today, Mr. Helekar submits that no

additional affidavit was filed before the Tribunal. He has,

however, prayed for an opportunity to file an affidavit before

us explaining the delay.

2. We find no reason to grant such prayer of Mr. Helekar

having regard to the fact that the original application was

remitted to the Tribunal by the order dated 24th January

2018 for the aforesaid purpose and the respondents having

failed to avail of the opportunity extended to them, they do

not deserve any further opportunity.

3. Hearing stands concluded; judgment is reserved.

(M. S. KARNIK, J.)                       (CHIEF JUSTICE)