The Bombay High Court refused to entertain a writ petition challenging a termination order, holding that an efficacious remedy exists via appeal under the M.E.P.S. Act, and rejected the petition accordingly.
The writ petition was rejected, relegating the petitioner to the remedy under the M.E.P.S. Act.
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.
44-WPL-2554-17.sxw
BDPSPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 2554 OF 2017
Sunil Dinanath Dubey ..Petitioner
Versus
The State of Maharashtra and Ors
..Respondents
WITH NOTICE OF MOTION (L) NO.780 OF 2017 IN
WRIT PETITION (L) NO.2554 OF 2017
Sunil D. Dubey …. Applicant.
In the matter between
Sunil Dinanath Dubey …. Petitioner.
Versus
The State of Maharashtra and Others …. Respondents.
Mr. Sunil Dinanth Dubey, Petitioner/Applicant in person, present.
Mr. Kedar Dighe, Asstt. Govt. Pleader for Responent Nos. 1 and 2 / State.
Mr. Arvind G. Kothari for Responden Nos. 3 and 4.
CORAM: B. R. GAVAI & B. P. COLABAWALLA, JJ.
DATE: 8th JANUARY, 2018
1/2
44-WPL-2554-17.sxw
P.C.:-
2] Petitioner has an alternative efficacious remedy by way of an appeal, as provided under the provisions of M.E.P.S. Act . We are, therefore, not inclined to entertain the present Petition in extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Petition is rejected, relegating the Petitioner to the remedy available under the provisions of the M.E.P.S Act.
3] In view of disposal of the Petition, Notice of Motion taken out therein does not survive and the same is also disposed of.
(B. P. COLABAWALLA, J. ) (B. R. GAVAI, J. )
2/2
1 issue framed by the court
Whether to entertain a writ petition challenging a termination order when an efficacious statutory appeal remedy is available.
2 provisions across 2 enactments
Sunil Dinanath Dubey
The State of Maharashtra
B. R. Gavai
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
