Bombay High CourtWP/5693/2010disposed off

Heenaben Pratapsingh Solanki v. The Union Of India And ORS.

2018-08-02Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice M.S. Sonak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5693 OF 2010 Smt. Heenaben Pratapsingh Solanki

...Petitioner

Versus

The Union of India & Ors.

...Respondents

Mrs. Lata Patne I/b Mr. S.R. Atre, Advocate for the Petitioner. Mr. Shrishailya S. Deshmukh, Advocate for Respondent Nos. 1 to 6.

CORAM : SMT. V. K. TAHILRAMANI, Acting C.J. & M. S. SONAK, J.

Date : 02.08.2018.

ORAL JUDGMENT :- 1] Heard the learned counsel for the parties.

2] The challenge in this petition is to the judgment and order dated 24.03.2010 made by the Central Administrative Tribunal (CAT), Mumbai Bench disposing Original Application No. 220 of 2006 instituted by the petitioner. 3] After the matter was argued for sometime, both Mrs. Lata Patne for the petitioner and Mr. Shrishailya S. Deshmukh for respondent Nos. 1 to 6 requested that the impugned judgment and order be set aside and the matter

be remanded to the CAT for a fresh consideration of OA No. 220 of 2006 on its own merits and in accordance with law. It is stated that such an order be made without indicating any reasons, as otherwise, there is a possibility that such reasons might influence the disposal of OA No. 220 of 2006 in pursuance of such remand.

4] In the facts and circumstances of the present case, we accept such request, set aside the impugned judgment and order and remand the matter to the CAT for fresh consideration and disposal of OA No. 220 of 2006 in accordance with law and on its own merits without being influenced. Since, the matter pertains to the year 2006, we request the CAT to dispose of OA No. 220 of 2006 as expeditiously as possible and in any case within a period of 9 months from the date of production of the authenticated copy of this order.

5] The parties to appear before the CAT on 20.08.2018 at 11.00 a.m. and produce authenticated copy of this order.

6] The Rule is disposed of in the aforesaid terms. There shall be no order as to costs.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE)