The court dismissed the application by a third party claiming the 2006 order affected him without hearing. Holding the order did not bind him as he was not a party, the court noted he could seek remedy via the Maharashtra Administrative Tribunal if transferred.
The Criminal Application was disposed of without holding a fresh hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
vgm
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 311 OF 2007 IN CRIMINAL WRIT PETITON NO. 1017 OF 2005
Dattatray Baban Jori ...Applicant
V/s.
The State of Maharashtra & Anr. ...Respondents
Mr. Mihir Desai for the Applicant
Mr. Ravi Kadam, Advocate General, with Mr. P.A. Pol, P.P., for the State
CORAM: A.M. KHANWILKAR AND P.D. KODE, JJ. DATE: APRIL 10, 2012
P.C. :-
This application is filed by third party on the assertion that
the order passed on 17th October, 2006 has been passed without hearing him, although the same directly affects him.
the applicant, the Court ordered that this application be heard along with
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the main Writ Petition. However, during the hearing of the main Writ Petition, no argument was addressed in connection with this application. In any case, the relief claimed in this application is founded on apprehension of the applicant that he was likely to be transferred on account of the order dated 17th October, 2006. Since the applicant is not party to the main proceedings, the order so passed would not bind him. In the event the applicant is transferred from his present posting, he would be free to pursue remedy before the Maharashtra Administrative Tribunal against the said decision, which proceedings can be considered on their own merits, in accordance with law.
P.D. KODE, J. A.M. KHANWILKAR, J.
1 issue framed by the court
Whether the impugned order needs to be set aside to prevent the applicant's transfer.
Dattatray Baban Jori
The State of Maharashtra
A.M. Khanwilkar
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
