Sachin Yashwant Kamble v. The Superintendent State Excise Dept

Tauseef 901-WP.66.2024.doc TAUSEEF LAIQUEE FAROOQUI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TAUSEEF LAIQUEE FAROOQUI Date: 2024.01.03 17:19:22 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.66 OF 2024 Sachin Yashwant Kamble ..Petitioner Vs.

The Superintendent, State Excise Dept., Kolhapur..Respondent __________ Mr. Prashant Nayak for the Petitioner.

Mr. N. C. Walimbe, Addl. G. P. a/w. Ms. R. A. Salunke, AGP for the Respondent (State).

__________ CORAM : A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE : 3rd JANUARY 2024.

P.C.:

1.

Heard learned counsel for the Petitioner and learned Additional Government Pleader for the Respondent (State). 2.

The learned counsel for the Petitioner seeks to challenge the order dated 20th June 2022 passed by the learned Members of the Maharashtra Administrative Tribunal Mumbai refusing to condone the delay of about 8 years and 9 months that has been caused in preferring the Original Application. The Petitioner preferred this Original Application seeking to challenge the action of oral termination of the services on 31st March 2013.

Tauseef 901-WP.66.2024.doc 3.

We find that the Tribunal has considered all relevant aspects while recording a conclusion that the delay caused has not been sufficiently explained. It is pertinent to note that the Petitioner' s representation made in the year 2015 was considered and he was informed on 10th January 2016 that unless the regular mode of recruitment was followed, he could not be appointed. The Petitioner approached the District Legal Aid Committee, Kolhapur only in the year 2021.

4.

We, therefore, do not find any reason to interfere with the order passed by the Tribunal. The Writ Petition is, therefore, dismissed. The fees of the learned counsel appointed by the Legal Aid Committee be paid in accordance with the rules.

(JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.)