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Bombay High CourtWP/2708/2021disposed off

Piyush Mehta v. The State Of Maharashtra And ORS.

2021-09-27Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice N. J. Jamadar2 pages

by LAXMIKANT GOPAL CHANDAN Date: 2021.09.28 10:19:41 +0530 LAXMIKANT GOPAL CHANDAN

(904) cri.wp-2708.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2708 OF 2021 Dr. Piyush Mehta : Petitioner.

Versus

State of Maharashtra and ors.

: Respondents.

Dr. Piyush Mehta - Petitioner in person.

Mr. S R Shinde, APP for the Respondent/State. CORAM : S. S. SHINDE, N. J. JAMADAR, JJ DATE : 27th September 2021 P.C.

This Petition is filed for the following substantial reliefs :-

(1) Direction may be given to competent Authority of B M C to Reinstate petitioner as AMO at Riddhi Garden Municipal Dispensary Malad East Mumbai 400097 immediately.

(2) Inquiry may be initiated against Respondent No.2 and 3 under Epidemic Act and Disaster Management Act. Upon careful perusal of prayer (a), the Petitioner is seeking relief by way of direction for his re-instatement as AMO at Riddhi Garden Municipal Dispensary Malad. By way of 2nd prayer he is seeking direction to initiate inquiry against the Respondent Nos.2 and 3.

lgc

(904) cri.wp-2708.21.odt In our opinion, for the aforesaid prayers in this Petition, a Civil Writ Petition would be a proper remedy.

At this stage, the Petitioner, who appears in person, seeks liberty to convert this Petition into a Civil Writ Petition. Leave granted.

Necessary amendments/steps to be carried out/taken up in accordance with the relevant procedure. Upon taking such steps as contemplated under the Rules, the Registry shall allow the conversion of this Writ Petition into a Civil Writ Petition. The Petitioner will be at liberty to mention the matter before the appropriate bench upon taking aforesaid steps. [N. J. JAMADAR, J] [S. S. SHINDE , J] lgc