THIS COURT DISPOSED OF THE WRIT PETITION BY UPHOLDING THE RESPONDENTS' PRELIMINARY OBJECTION TO ITS TENABILITY ON THE GROUND THAT THE PETITIONER SHALL AVOID AN ORIGINAL APPLICATION BEFORE THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL AS THE SUBJECT MATTER PERTAINS TO CONDITIONS OF SERVICE.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.7241/2014
Divakar s/o Panditrao Thaware ...Versus...
Secretary to Govt. of Maharashtra, Home Department Mantralaya, Bombay-32 and others
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Shri D.C. Chahande, Advocate for petitioner Shri S.M. Ghodeswar, AGP for respondent nos.1 to 7
CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.
DATE : 15.04.2015
Heard.
The learned Assistant Government Pleader raises a preliminary objection to the tenability of the writ petition and states that since the suspension order impugned in the instant petition pertains to the conditions of service of the petitioner, the petitioner can avail the alternate remedy of filing an original application before the Maharashtra Administrative Tribunal.
By upholding the preliminary objection raised on behalf of the respondents, we dispose of the writ petition with no order as to costs. The points raised in the petition are kept open.
JUDGE JUDGE
Wadkar
Secretary to Govt. of Maharashtra, Home Department
VASANTI A. NAIK
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
