original application no. 872 of 2018 (arun m. gir vs
TRANSCRIPT
ORIGINAL APPLICATION NO. 872 OF 2018 (Arun M. Gir Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Shri Arvind G. Ambetkar, learned Advocate for the
applicant (absent). Shri N.U. Yadav, learned Presenting
Officer for the respondents, present.
2. Since nobody appears for the applicant, S.O. to
03.01.2022.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 538 OF 2020 (Sachin S. Pardeshi Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Shri Jitendra S. Gangawane, learned Advocate for the
applicant (absent). Shri I.S. Thorat, learned Presenting
Officer for the respondents, present.
2. Since nobody appears for the applicant, S.O. to
06.01.2022.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 165 OF 2021 (Anil Y. Rokade Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri R.A. Joshi, learned Advocate for the
applicant, Smt. Sanjivani Deshmukh-Ghate, learned
Presenting Officer for the respondent No. 1 and Shri
Shamsundar B. Patil, learned Advocate for respondent Nos.
2 & 3.
2. By consent of both the parties, S.O. to 20.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 563 OF 2021 (Santosh E. Sawant Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Vivek G. Pingle, learned Advocate for the
applicant and Shri S.K. Shirse, learned Presenting Officer
for the respondents.
2. By consent of both the parties, S.O. to 21.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
M.A.NO. 152/2021 IN O.A.NO. 431/2020 (Smt. Seema G. Patil & Ors. Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Suresh P. Salgar, learned Advocate for the
applicants in the present M.A. (respondent Nos. 3 to 5 in
O.A.), Shri Ajay Deshpande, learned Advocate for the
respondent No. 1 in the present M.A. (applicant in O.A.),
Shri M.S. Mahajan, learned Chief Presenting Officer for the
respondent Nos. 2 & 3 in present M.A. (respondent NOs. 1
& 2 in O.A.) and Shri S.D. Joshi, learned Advocate for the
respondent No. 4 in the present M.A. (respondent No. 6 in
O.A.),
2. By consent of both the parties, S.O. to 20.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
T.A.NO. 7/2016 (W.P.NO. 1533/2015) (Chandrakala K. Navghire Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Nassim R. Shaikh, learned Advocate for
the applicant and Shri M.P. Gude, learned Presenting
Officer for the respondents.
2. By consent of both the parties, S.O. to 21.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 939 OF 2017 (Dattatraya S. Bargaje Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Sujeet D. Joshi, learned Advocate for the
applicant and Shri S.K. Shirse, learned Presenting Officer
for the respondents.
2. By consent of both the parties, S.O. to 17.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 374 OF 2018 (Girish B. Deshmukh Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Kakasaheb B. Jadhav, learned Advocate
for the applicant and Shri V.R. Bhumkar, learned
Presenting Officer for the respondents.
2. By consent of both the parties, S.O. to 20.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 833 OF 2018 (Prashant A. Falke Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Naseem R. Shaikh, learned Advocate for
the applicant and Shri M.P. Gude, learned Presenting
Officer for the respondents.
2. By consent of both the parties, S.O. to 21.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 849 OF 2018 (Dr. Vinod A. Kakade & Ors. Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Santosh G. Chapalgaonkar, learned
Advocate for the applicants and Smt. Sanjivani Deshmukh-
Ghate, learned Presenting Officer for the respondents.
2. By consent of both the parties, S.O. to 6.12.2021.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 117 OF 2019 (Sainath K. Matkar Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Prasad D. Jajare, learned Advocate for the
applicant and Mrs. Deepali S. Deshpande, learned
Presenting Officer for the respondents.
2. By consent of both the parties, S.O. to 3.1.2022.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
ORIGINAL APPLICATION NO. 22 OF 2020 (Santosh G. Rane Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
DATE : 23.11.2021 ORAL ORDER :
Heard Shri P.B. Rakhunde, learned Advocate for the
applicant and Shri D.R. Patil, learned Presenting Officer for
the respondents.
2. By consent of both the parties, S.O. to 4.1.2022.
MEMBER (A)
ORAL ORDERS 23.11.2021 – HDD
M.A. ST. 291/2020 IN O.A. 493/2018 (Rajendra K. Shimpi Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri H.A. Joshi, learned Advocate for the
applicant and Shri I.S. Thorat, learned Presenting Officer
for the respondents.
2. At the request of learned Advocate for the applicant,
S.O. to 7.1.2022 for complying with the office objection.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
M.A. 273/2021 IN O.A. ST. 987/2021 (Prakash N. phulluke Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri S.D. Joshi, learned Advocate for the
applicant and Shri I.S. Thorat, learned Presenting Officer
for the respondents.
2. At the request of learned Advocate for the applicant,
S.O. to 7.1.2022. Await service of notice upon the
respondents.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
M.A. 269/2020 IN O.A. ST. 1652/2019 (Baburao S. Mule & Ors. Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
None appears for the applicants. Shri B.S. Deokar,
learned Presenting Officer for the respondents, is present.
2. In view of absence of applicants and their learned
Advocate, S.O. to 6.1.2022 for filing rejoinder, if any.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
M.A. 552/2019 IN O.A. ST. 1681/2019 (Sushma E. Chaudhari Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
None appears for the applicant. Smt. M.S. Patni,
learned Presenting Officer for the respondents, is present.
2. In view of absence of applicant and her learned
Advocate, S.O. to 6.1.2022 for filing rejoinder affidavit.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 561/2021 (Toliram P. Rathod Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri S.D. Joshi, learned Advocate for the
applicant and Smt. Sanjivani Deshmukh Ghate, learned
Presenting Officer for the respondents.
2. By filing the present O.A. the applicant is challenging
the order dated 16.10.2020 passed by His Excellency
Hon’ble the Governor thereby dismissing the appeal
preferred by the applicant under rule 18 of M.C.S.
(Discipline & Appeal) Rules, 1982 and confirming the order
dated 15.1.2018 passed by the res. no. 1 thereby awarding
the punishment of recovery of 12% amount from his
payable pension permanently plus recovery of Rs. 82,618/-
from the D.C.R.G.
3. Learned Advocate for the applicant seeks time for
producing on record the service affidavit. Time granted.
4. S.O. to 11.2.2022.
MEMBER (A) ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 395/2021 (Bhau N. Chaudhari Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
None appears for the applicant. Shri N.U. Yadav,
learned Presenting Officer for the respondents, is present.
2. At the request of learned Presenting Officer, S.O. to
3.1.2022 for filing affidavit in reply of the respondents.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 252/2021 (Arati A. Ghatkar Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri A.N. Khedkar, learned Advocate holding
for Shri S.B. Kakade, learned Advocate for the applicant
and Shri D.R. Patil, learned Presenting Officer for the
respondents.
2. Learned Advocate for the applicant has filed
rejoinder affidavit to the affidavit in reply of res. nos. 1 to 3.
It is taken on record and copy thereof has been supplied to
other side.
3. S.O. to 10.1.2022.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 192/2021 (Suresh B. Lande Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri A.N. Khedkar, learned Advocate holding
for Shri S.B. Kakade, learned Advocate for the applicant
and Smt. Sanjivani Deshmukh Ghate, learned Presenting
Officer for the respondents.
2. Learned Advocate for the applicant has filed
rejoinder affidavit to the affidavit in reply of res. nos. 1 to 3.
It is taken on record and copy thereof has been supplied to
other side.
3. S.O. to 10.1.2022.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 06/2021 (Dattu R. Raut Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri K.B. Jadhav, learned Advocate holding for
Shri V.B. Wagh, learned Advocate for the applicant and
Shri B.S. Deokar, learned Presenting Officer for the
respondents.
2. Learned P.O. has filed affidavit in reply on behalf of
respondent nos. 1 to 3. It is taken on record and copy
thereof has been supplied to other side.
3. S.O. to 10.1.2022 for filing rejoinder affidavit, if any.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 582/2020 (Muktar F. Tadvi Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
None appears for the applicant. Smt. Sanjivani
Deshmukh Ghate, learned Presenting Officer for the
respondents, is present.
2. In view of absence of applicant and his learned
Advocate, S.O. to 7.1.2022 for filing rejoinder affidavit, if
any.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 415/2021 (Vivekanand V. Auti & Ors. Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
None appears for the applicant. Smt. M.S. Patni,
learned Presenting Officer for the respondents, is present.
2. At the request of learned P.O., S.O. to 7.1.2022 for
filing affidavit in reply of the respondents.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 428/2020 (Bandu S. Bontalwar Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Smt. Vidya Taksal, learned Advocate holding
for Shri A.S. Deshmukh, learned Advocate for the applicant
and Smt. Sanjivani Deshmukh Ghate, learned Presenting
Officer for the respondents.
2. At the request of learned P.O., S.O. to 17.1.2022 for
filing affidavit in reply of the respondent no. 4. Interim
relief granted earlier to continue till then.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 434/2020 (Mahesh D. Desai Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Smt. Vidya Taksal, learned Advocate holding
for Shri A.S. Deshmukh, learned Advocate for the applicant
and Smt. Sanjivani Deshmukh Ghate, learned Presenting
Officer for the respondents.
2. At the request of learned P.O., S.O. to 17.1.2022 for
filing affidavit in reply of the respondent no. 4. Interim
relief granted earlier to continue till then.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 397/2021 (Abhijeet M. Bhise & Ors. Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Smt. Vidya Taksal, learned Advocate holding
for Shri A.S. Deshmukh, learned Advocate for the applicant
and Smt. M.S. Patni, learned Presenting Officer for the
respondents.
2. At the request of learned P.O., S.O. to 17.1.2022 for
filing affidavit in reply of the respondents.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 303/2020 (Sanjay D. Dongaonkar Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri P.N. Sonpethkar, learned Advocate for the
applicant and Shri N.U. Yadav, learned Presenting Officer
for the respondents.
2. With consent of both the sides, S.O. to 21.12.2021.
MEMBER (A) ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 1032/2019 (Sadashiv V. Rathod Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
None appears for the applicant. Shri S.K. Shirse,
learned Presenting Officer for the respondents, is present.
2. In view of absence of applicant and his learned
Advocate, S.O. to 13.12.2021.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
C.P. 34/2019 IN O.A. 925/2017 (Mahadeo B. Khandare Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri Joslyn Menezes, learned Advocate holding
for Smt. Amruta Paranjape, learned Advocate for the
applicant and Shri I.S. Thorat, learned Presenting Officer
for the respondent nos. 1 & 2 and Shri A.R. Lukhe, learned
Advocate holding for Shri D.k. Rajput, learned Advocate for
respondent no. 4. None appears for respondent no. 3.
2. Learned Advocate for the applicant has filed
rejoinder affidavit. It is taken on record and copy thereof
has been supplied to other side.
3. S.O. to 4.1.2022.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 670/2018 (Kishan A. Falke & Ors. Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri S.K. Sable, learned Advocate holding for
Shri R.I. Wakade, learned Advocate for the applicant and
Shri B.S. Deokar, learned Presenting Officer for the
respondents.
2. Shri Sable, learned Advocate holding for Shri
Wakade, learned Advocate for the applicant seeks time for
filing rejoinder affidavit. It appears from the record that
opportunity to file rejoinder affidavit was availed by the
applicant from 16.7.2019 onwards i.e. more than 2 years
ago and still rejoinder affidavit is awaited. However, in the
interest of justice, time is granted as a last chance for filing
rejoinder affidavit, with an understanding that if on the
next date the rejoinder affidavit is not filed by the
applicant, the matter will proceed without rejoinder
affidavit on record.
3. S.O. to 3.1.2022.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
O.A. NOS. 375, 376 & 418/2020 (Amol M. Naikwade & Ors. Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Smt. Vidya Taksal, learned Advocate holding
for Shri A.S. Deshmukh, learned Advocate for the
applicants in all these 3 matters and S/shri V.R. Bhumkar,
M.P. Gude & Smt. Sanjivani Deshmukh Ghate, learned
Presenting Officers for the respective respondents in
respective matters.
2. It appears from the record of O.A. Nos. 375 & 376
both of 2020 that only respondent no. 4 has filed affidavit
in reply in these cases and the affidavit in replies of
respondent nos. 1 to 3 are awaited. Respective learned
P.Os. seek time for filing affidavit in replies of respondent
nos. 1 to 3 in O.A. Nos. 375 & 376/2020.
3. It further appears from the record of O.A. No.
418/2020 that affidavit in reply of respondent nos. 1 to 4 is
awaited. Respective learned P.O. seeks time for filing
affidavit in reply of respondent nos. 1 to 4.
4. Taking into consideration the peculiar facts of these
cases in which Sports Certificates based on which
recruitments had been done, are determined to be invalid
::-2-:: O.A. NOS. 375, 376 & 418/2020
and the role of Sports Department Officers is also under
enquiry / investigation, unexplainable delay in filing
affidavit in reply is a matter of concern. This should be
appreciated by the respondents in general and Respondent
Nos. 2 & 3 in particular.
5. Therefore, even though the last chance is being
granted at the request of respective learned P.Os. for filing
affidavit in reply of respondent nos. 1 to 3, on the next date
of hearing the respondent no. 2 – the Commissioner,
Sports & Youth Services, Pune and the respondent no. 3 –
the Deputy Director, Sports & Youth Services, Aurangabad
shall personally remain present before the Tribunal, if
before or on the next date of hearing affidavit in reply on
behalf of respondent nos. 1 to 3 in these cases is not filed
for whatsoever reasons.
6. S.O. to 17.1.2022. The interim relief granted earlier
to continue till then.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 184/2020 (Govardhan B. Kawale Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri V.V. Gujar, learned Advocate for the
applicant and Smt. M.S. Patni, learned Presenting Officer
for the respondents.
2. Learned Advocate for the applicant seeks leave of the
Tribunal to delete the word ‘list’ preceeding the words ‘as well as appointment order of respondent no. 4, dated 1.6.2020, as illegal and bad in law and be further pleased to quash and set aside.’ in para 11.1 (Relief
Sought caption) of O.A.
3. Para 11.1 at present runs as follows :-
‘(11.1) That this Hon’ble Tribunal be pleased to declare provisional and final selection list as well as appointment order of Respondent no. 4, dated 1.6.2020, as illegal and bad in law and be further pleased to quash and set aside.’
4. It appears that, if the leave to delete the word ‘list’
from second line of para 11.1 is granted to the applicant,
the same will not change the nature of O.A. or interim relief
sought for. If the said leave is not allowed, the basic cause
of action would irreparably be damaged. Learned
Presenting Officer consents to the proposed amendment.
::-2-:: O.A. NO. 184/2020
Therefore, in the interest of justice, the leave sought for is
granted. After amendment the said para 11.1 reads as
follows :-
‘(11.1) That this Hon’ble Tribunal be pleased to declare provisional and final selection as well as appointment order of Respondent no. 4, dated 1.6.2020, as illegal and bad in law and be further pleased to quash and set aside.’
5. The said amendment be carried out within a period of
one week and amended copy of O.A. be supplied to the
learned P.O.
6. S.O. to 5.1.2022.
’
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
Date : 23.11.2021 ORIGINAL APPLICATION NO. 728 OF 2021 (Shaikh Abdul Gafur Md. Sarwar V/s State of Maharashtra & Ors.) Per :– Standing directions of Hon’ble Chairperson, M.A.T., Mumbai
1. Shri A.B. Rajkar, learned Advocate for the applicant and Smt. Sanjivani K. Deshmukh-Ghate, learned P.O. for respondents, are present. 2. Circulation is granted. Issue notice to the respondents, returnable on 16.12.2021. The case be listed for admission hearing on 16.12.2021. 3. Tribunal may take the case for final disposal at this stage and a separate notice for final disposal shall not be issued. 4. Applicant is authorized and directed to serve on Respondent intimation / notice of date of hearing duly authenticated by Registry, along with complete paper book of case. Respondents are put to notice that the case would be taken up for final disposal at the stage of admission hearing. 5. This intimation / notice is ordered under Rule 11 of the Maharashtra Administrative Tribunal (Procedure) Rules, 1988 and the questions such as limitation and alternate remedy are kept open. 6. The service may be done by Hand delivery, speed post, courier and acknowledgement be obtained and produced along with Affidavit of compliance in the Registry as far as possible before the returnable date fixed as above. Applicant is directed to file Affidavit of compliance and notice. REGISTRAR ARJ REGISTRAR NOTICE – 23.11.2021