D. Muthuraj v. Central Vigilance Commission Through Its Secretar And ORS.

caw-2700.15.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2700 OF 2015 IN WRIT PETITION NO.9071 OF 2014 D. Muthuraj Applicant Vs.

Central Vigilance Commission and Ors.

Respondents Mr. Nikhilesh Pote, for the Applicant.

Mr. Parag Vyas, for the Respondent No.1.

Mr. Y.R. Mishra and Mr. D.P. Singh, for Respondent Nos.2 and 3. CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 22nd SEPTEMBER, 2015 P.C.

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Not on board. Taken on board.

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Heard the learned counsel appearing for the Applicant. We have perused the prayer in the application. The prayer is for issuing a Writ of Mandamus directing the second and third Respondents to remove the name of one Mr. Naresh Kumar who is included in the list of Award Winners. Firstly, it is not the function of the Writ Court to decide the issue of eligibility to grant an Award. Secondly, Mr. Naresh Kumar against whom relief is sought is not a party to the Petition and Civil Application. Hence, no case is made out to grant ad-interim relief. Adinterim relief is rejected. Place the Petition on the scheduled date which is 1st October, 2015.

(V.L. ACHLIYA, J ) (A.S. OKA, J )

caw-2700.15.doc Certified to be true and correct copy of the original signed Judgment/order.