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Bombay High CourtWP/5460/2010rule discharged

Union Of India And ORS v. Shri. O. P. Sharma

2016-06-06Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice V.M. Kanade1 pages

(WP 5460 of 2010) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 5460 OF 2010 Union of India through Secretary, Ministry of Railway and Ors.

....Petitioners Vs.

Shri O.P. Sharma ....Respondents ****** Mr. T.J. Pandian for Petitioners None for Respondents.

****** CORAM : V. M. KANADE & M.S. SONAK, JJ.

DATE : JUNE 6, 2016 P.C.

1.

The learned counsel appearing on behalf of the Petitioners submits that since no stay was granted to the impugned order, the said order was implemented. He, however, submits that the Central Administrative Tribunal has not taken into consideration the ratio of the judgment as laid down by the Supreme Court in several cases. 2.

In this view of the matter, the impugned order itself has been implemented and therefore, writ petition has now become infructuous. We, however, clarify that the Trial Court shall not treat the said impugned order as precedent in future. With this direction, the writ petition is disposed of. Rule is accordingly discharged. [M.S. SONAK, J.] V. M. KANADE, J. ]