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Bombay High CourtWP/6670/2015rule made absolute

Kiran Eknath Shinde v. State Of Maharashtra

2015-07-28Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka2 pages

wp-6670.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6670 OF 2015 Kiran Eknath Shinde ... Petitioner

Versus

State of Maharashtra ... Respondent Mr. V.M. Thorat, for the Petitioner.

Mrs. M.P. Thakur, AGP, for the Respondent.

CORAM : A.S. OKA & REVATI MOHITE DERE, JJ.

DATE : 28th JULY, 2015 P.C.

.

Heard the learned counsel appearing for the Petitioner. Notice for final disposal was issued on 14th July, 2015. Today, there is a reply tendered of Shri Prakash Kaluram Sabale, the Deputy Secretary to the Government, Home (Transport) Department, Mantralaya, Mumbai 400 032.

2.

There is no dispute that the issue is covered by the Judgment and Order dated 8th May, 2015 passed by this Court in Writ Petition Nos.1171 to 1173 of 2015.

3.

In the reply, it is contended that the Judgment and Order dated 8th May, 2015 has been challenged by the State Government by filing a Special Leave Petition before the Apex Court. The learned

wp-6670.15 counsel appearing for the Petitioner, on instructions, states that the Apex Court has not granted any interim or ad-interim relief in the Special Leave Petitions. We accept the said statement. In the affidavit tendered today, it is not the case made out by the State Government that any ad-interim or interim relief of stay of operation of the Judgment and Order dated 8th May, 2015 has been granted by the Apex Court. It is not the case made out that separate reasons have been recorded against the Petitioner for his removal. 4.

Hence, for the reasons recorded in Judgment and Order dated 8th May, 2015, the Petition must succeed and accordingly, we pass the following order:

ORDER

(i) The impugned order dated 23rd December, 2014 is hereby quashed and set aside as far as the Petitioner is concerned;

(ii) In view of quashing and setting aside of the impugned order, the Petitioner shall continue as non-official Director of the Maharashtra State Road Transport Corporation as per the order of his appointment; (iii) Rule is accordingly made absolute on above terms. ( REVATI MOHITE DERE, J ) (A.S. OKA, J )