Disposed

Col. Arvind Kumar Gupta v. Union of India and Ors.

Bombay HC2 Mar 2017WP/2643/2016

Case brief

AI extract

What is this about?

The High Court disposed of three connected writ petitions and civil applications filed by military officers. Relying on a lead judgment, the court directed the competent authority to refrain from initiating proceedings or forcible eviction against the petitioners if they have not exhausted their study leave by 31st May, 2017.

What did the court decide?

No proceedings or forcible eviction to be initiated against petitioners from May 01, 2017, if they have not exhausted study leave by May 31, 2017.

Col. Arvind Kumar Gupta Vs Union of India and Ors. — Service and Employment | Bombay HC (2017)

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ASWP2642.16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 2642 OF 2016

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Col. Pawan Singh Samyal … Petitioner Vs 1. Union of India & Ors. ... Respondents

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WITH CIVIL APPLICATION NO. 2492 OF 2016 IN WRIT PETITION NO. 2642 OF 2016
Col. Pawan Singh Samyal … Applicant Vs
1. Union of India & Ors. ... Opponents
WITH WRIT PETITION NO. 2643 OF 2016
Col. Arvind Kumar Gupta … Petitioner Vs
1. Union of India & Ors. ... Respondents
WITH CIVIL APPLICATION NO. 2596 OF 2016 IN WRIT PETITION NO. 2643 OF 2016
Col. Arvind Kumar Gupta … Applicant Vs 1. Union of India & Ors. ... Opponents
WITH WRIT PETITION NO. 2644 OF 2016
Lt. Col. V.K. Verma … Petitioner Vs
1. Union of India & Ors. ... Respondents

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SRP 1/3

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ASWP2642.16.doc

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Mr. T.D. Deshmukh i/b Mr. Samrat K. Shinde for the Petitioners in all the writ petitions and the civil applications.

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Mr. S.R. Rajguru with Mrs. Purnima Awasthi for the Respondents in all the writ petitions.

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CORAM : S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

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THURSDAY, 02ND MARCH, 2017

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P.C. :

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1 It is conceded by both sides that the issue raised in

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this writ petition is covered by a detailed judgment and order

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delivered in a batch of petitions, the lead Petition being Writ Petition No.9134 of 2015 and other connected matters,

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dated 17 th November, 2016.

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2 We dispose of each of these writ petitions in terms of

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that judgment and order. We direct that in the event the petitioners before us in these petitions have not exhausted their study leave and if the time to avail of the same is available till 31 st May, 2017, then, at least till 1 st June, 2017, no proceedings and/ or forcible eviction be initiated by the competent authority. This order and direction shall be confined to the petitioners before us

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SRP 2/3

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ASWP2642.16.doc

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and will not have any general application.

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3 All the writ petitions are disposed of in terms of the

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aforesaid judgment and with these directions.

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4 In view of the disposal of the Writ Petitions, nothing survives in the Civil Applications and they are, accordingly, disposed of.

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B.P. COLABAWALLA, J. S.C. DHARMADHIKARI, J.

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SRP 3/3

Col. Arvind Kumar Gupta v. Union of India and Ors.

Case brief

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Col. Arvind Kumar Gupta v. Union of India and Ors.

Case brief

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