Disposed

Vishal S/O Bhauraoji Shukhdeve v. the State of Maharashtra, Thr. Principal Secretary, Home Department, Mumbai and Others

Bombay HC11 Oct 2024WP/4828/2024

Case brief

AI extract

What is this about?

Writ petition against the Tribunal's refusal of interim relief in an OA alleging a departmental enquiry was proceeding without permitting representation through a legal practitioner. The Court declined interference but directed the respondents to file replies within four weeks and the Tribunal to finally dispose of the OA at admission stage within four weeks thereafter.

What the court decided

AI extract

Vishal S/O Bhauraoji Shukhdeve Vs the State of… — Service and Employment | Bombay HC (2024)

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905-WP-4828-2024.odt 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.

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WRIT PETITION NO. 4828 of 2024

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Vishal Bhauraoji Shukhdeve

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vs.

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The State of Maharashtra, through its Principal Secretary, Home Department, and ors.

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------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. P.R.Agrawal, Advocate for petitioner. Mr. N.S.Rao, Assistant Government Pleader for respondent nos. 1 to 4.

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CORAM :- BHARATI DANGRE AND ABHAY J. MANTRI, JJ. DATE :- 11^th OCTOBER, 2024

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P. C.

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Writ jurisdiction of this Court is invoked raising a challenge to the refusal to grant interim relief by the Maharashtra Administrative Tribunal in the OA No.636/2024 (Original Application) filed by the petitioner as it is his specific grievance that the Departmental Enquiry against him is proceeding without affording him an opportunity of being represented through legal practitioner.

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We have perused the order of the Tribunal dated 31.07.2024 passed by the Vice Chairman of the Tribunal in the OA where he has referred to the authoritative pronouncement governing the field and also reference is made to the concerned Rule of the Bombay Police Manual.

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Perusal of the order reveals that the Tribunal has issued notice by making the same returnable on 29.08.2024 by clearly indicating that it will take the case for final disposal, at this stage and separate notice for final disposal shall not be issued.

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When we enquire Mr. Agrawal, learned counsel representing the petitioner, about the status of the proceedings, he has submitted before us that the respondents are yet to file reply but on the other

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905-WP-4828-2024.odt 2

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hand the Enquiry Officer is proceeding with utmost expediency in the enquiry proceedings.

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Though we would not have otherwise interfered with the impugned order since it is an order refusing to grant interim protection, but at the same time the notices are issued, in case if the notices are served upon the respondents, we direct that the reply affidavit shall be filed within a period of four weeks from today and the Tribunal thereafter take up the OA, as indicated by it to decide finally at stage of admission, within a period of four weeks thereafter.

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With these observations, the writ petition is disposed of.

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(ABHAY J. MANTRI, J.) (BHARATI DANGRE , J.)

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Andurkar.

Vishal S/O Bhauraoji Shukhdeve v. the State of Maharashtra, Thr. Principal Secretary, Home Department, Mumbai and Others

Case brief

What is this about?

What the court decided

Vishal S/O Bhauraoji Shukhdeve v. the State of Maharashtra, Thr. Principal Secretary, Home Department, Mumbai and Others

Case brief

What is this about?

What the court decided

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