Dilip Kapoor , President Suman ... vs Bhagat Mahesh Bhaga And Ors
2023 Latest Caselaw 4324 Bom

SWAROOP Digitally
        SWAROOP
                  signed by

SHARAD  SHARAD PHADKE

PHADKE
        Date: 2023.04.29
        12:50:16 +0530                                                                  45 wp 11161 of 2022.doc

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO.11161 OF 2022

Dilip Kapoor and Anr.                                                    ...           Petitioner
       versus
Bhagat Mahesh Bhaga and Ors.                                             ...         Respondents

Mr. P.B.Shah i/by Mr. Mahesh V. Rawool, for Petitioner.
Mr. C.R.Sadasivan, for Respondent No.1
Mr. C.D.Mali, AGP for State.

                                    CORAM:        N.J.JAMADAR, J.

                                    DATE :        27 APRIL 2023

P.C.

1. Heard the learned Counsel for the parties.

2. The challenge in this Petition is to an order dated 22 June 2022 passed

by the Presiding Officer, Mumbai University and College Tribunal.

3. The learned Counsel for the Petitioner submitted that the Petitioners are

ready to reinstate the Respondent No.1 in terms of clauses 2 and 4 of the impugned

order. An additional Affidavit dated 10 October 2022 is filed on behalf of the

Petitioner to the following effect :

"6. The Petitioners are ready and willing to reinstate Respondent No.1 as per judgment and order dated 15 March 2019 Ld. Presiding Officer, Mumbai University Tribunal passed in Appeal No.19 of 2018 and as per clause 4 of judgment and order dated 22 June 2022 passed by the learned Presiding Officer, Mumbai University and College Tribunal, at Mumbai in Contempt Application No.5 of 2019 and assign work in Dilkap Research

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Institute of Engineering and Management Studies Polytechnic."

4. It is contested as to whether Respondent No.1 was restrained from joining the

duties, though Respondent No.1 had approached the Petitioner to resume duty.

5. The Petitioners are directed to permit the Respondent No.1 to join his

duty on 2 May 2023 at Dilkap Research Institute of Engineering and Management

Studies Polytechnic without prejudice to the rights and contentions of the Respondent

No.1.

6. It is hereby made clear that the Petitioners shall ensure scrupulous

compliance of the aforesaid directions and failure thereof would be considered as

defiance of the order of this Court.

7. Rest of the issues raised in the Petition will be considered on 16 June

2023.

                                                                         ( N.J.JAMADAR, J. )




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