The State Of Maharashtra Through Its Secretary, Home Dept. Mantralaya And ANR v. Mr. Virendra Vitthalrao Khuje

33-WP522-19.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 522 OF 2019 The State of Maharashtra & anr.

....Petitioners

Versus

Virendra Vithalrao Khuje

...Respondent

Mr. N. K. Rajpurohit, AGP for the State/Petitioner no.1. Mr. Omkar M. Kulkarni, for Respondent no.1.

CORAM:

B. R. GAVAI & N. J. JAMADAR, JJ DATED:

11th February, 2019 PC:- 1.

The Petitioner has approached this Court by way of present petition challenging the order passed by the learned Tribunal dated 25th January, 2016 2.

We do not propose to go into the merits of the matter in as much as the Petition challenging the order passed in January - 2016, is being circulated in the month of January - 2019 at the request of Respondent - employee. 3.

No reason for such an inordinate delay.

4.

The only explanation for such an inordinate delay is that the file was moving in the different departments of the State, from whom opinion and sanctions were sought for. Therefore, such an inordinate delay can not be permitted only 1/2

33-WP522-19.DOC on the ground that the file was pending for sanctions from the bureaucracy.

5.

The Respondent - employee has already retired from the service long back. Since, on account of the pendency of the present petition, the State was recovering an amount from his pension, in contravention of the direction issued by the learned Tribunal, he has moved the matter. The petition is, therefore, liable to be dismissed only on the ground of delay.

6.

The petition is, therefore, rejected.

[N. J. JAMADAR, J.] [B. R. GAVAI, J.] 2/2