Lt. Commander Sadhana Giri (05708-Y) v. Union Of India, Through Secretary And ORS.

Sudhir Rane 501-WP-9058-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9058 OF 2017 Lt. Commander Sadhana Giri ... Petitioner.

Versus

Union of India and others ... Respondents.

....

Mr. Angsuman Ojha for the Petitioner.

Mr. Arunkumar Roy a/w Adwait Sethana for Respondents ....

CORAM : NARESH H. PATIL AND Z.A. HAQ, JJ.

7th AUGUST, 2017.

P.C.:

1.

The learned Counsel for the Petitioner seeks urgent ad-interim relief. He submits that the proceedings were initiated before the Armed Forces Tribunal, Mumbai. It is submitted that today is the last serving day of the Petitioner and since the Tribunal is not available for sitting, the Petitioner's services may be protected till the Tribunal takes up the matter on the next date. Learned Counsel for the Petitioner submits that an identical issue was dealt with by the Delhi High Court in WP (C) No.7336 of 2010 and other companion matters, where Short Service Commissioned Officers were directed to be reinstated. The said Judgment and Order passed by the Delhi High Court was challenged by the Union of India and others by filing Special Leave to Appeal (C) No.(s) 30791-30796 of 2015.

Sudhir Rane 501-WP-9058-17 2.

The learned Counsel appearing for the Respondent has opposed the prayer for interim relief. It is submitted that the Petitioner has sufficient time to move before the Tribunal. In this facts, no relief is required to be granted.

3.

We have considered the submissions. In the facts, no case is made out for grant of ad-interim relief. In case, the Petitioner moves the Tribunal, the Tribunal may deal with the issue raised by the Petitioner in accordance with law. We are not inclined to interfere at this stage. Keeping all issues on merits open, the Petition stands disposed of.

(Z.A. HAQ, J) (NARESH H. PATIL, J)