Suresh Madanlal Sharma v. The Union Of India Through The Ministry Of Civil Avation And ORS.

21.WP3440.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 3440 OF 2021 Suresh Madanlal Sharma.

...Petitioner.

V/s.

The Union of India through the Ministry of Civil Aviation & ors.

... Respondents.

------------------- Mr. Bahraiz Irani a/w. Mr. Firdaus Irani, advocate for petitioner. Mr. Lancy D'

Souza a/w. Ms. Deepika Agrawal i/b. Mr. Vishwambhar M. Parkar, Advocate for respondent No. 3.

Mr. S.S. Panchpor, AGP for State.

--------------------- CORAM :SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ.

Digitally signed by ARUNA S TALWALKAR Date:

2021.08.24 14:50:31 +0530 DATE :AUGUST 23, 2021.

ARUNA S TALWALKAR P.C.

Heard the learned Counsel for the Petitioner and the learned Counsel for the Respondents.

Rule. Rule made returnable forthwith with the consent of the parties.

The petitioner herein is seeking the relief of quashing and setting aside order of suspension dated 3/7/2020 alongwith declaration Talwalkar

21.WP3440.2021.doc that action of suspension was illegal and devoid of merits and violative of the fundamental rights guaranteed to the Petitioner. The learned Counsel for the petitioner on instructions submits that the order of suspension is revoked in the month of August, 2021.

In view of this, it is clear that the grievance of the petitioner is answered and the prayers have become infructuous. However, we request the respondent No. 3 to complete departmental enquiry as far as possible before 30th September, 2021, since the Petitioner is to superannuate in October, 2021. With these directions, the Petition stands disposed of. Rule is made absolute in the above terms.

It is made clear that this Court has not considered the initial objection raised by the respondents in respect of jurisdiction of this Court to decide the petition filed by the petitioner. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J) Talwalkar