Aayubkhan Moulali Jamadar vs The Divisional Traffic ...
2022 Latest Caselaw 6834 Bom

                                                                                   47 WP-8483-2022.doc

BDP-SPS-TAC

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  BHARAT
  DASHARATH
  PANDIT
                                             CIVIL APPELLATE JURISDICTION
   Digitally signed
   by BHARAT
   DASHARATH
                                           WRIT PETITION NO. 8483 OF 2022
   PANDIT
   Date: 2022.07.20
   11:21:38 +0530



                      Aayub Moulali Jamadar                .... Petitioner.
                             V/s
                      The Divisional Traffic Superitendent
                      MSRTC, Kolhapur Division, Kolhapur .... Respondent.

                      Mr. Manoj A. Patil for the Petitioner.

                                           CORAM: NITIN W. SAMBRE, J.

                                            DATE:    JULY 18, 2022

                      P.C.:-

                      1]       Mr Patil, learned Counsel for the Petitioner informs that interim relief
                      was in operation till 16th July, 2022.


                      2]       Based on the judgment of the Apex Court in the matter of

Cantonment Executive Officer and Another vs. Vijay D. Wani and Others reported in (2008) 12 SCC 230, he would urge that Inquiry Officer and Disciplinary Authority is manned by the same person and as such there is an issue of bias. He would invite attention of this Court to the grounds raised to that effect before the Labour Court as well as Industrial Court which have not been considered in the orders impugned.

3] In view of above, issue notice to the Respondents, returnable on 22 nd August, 2022. Status quo to continue till then.

( NITIN W. SAMBRE, J. )