S. K. Bramhane v. The Union Of India Through The Secretary And ANR.

903-civil-wp-12117-16 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12177 OF 2016 Sanjay Bramhane .. Petitioner Vs.

The Union of India and ors.

.. Respondents Mr. A. V. Anturkar, Senior Advocate i/by Ms. Priyanka Mehndiratta for petitioner.

Mr. A. A. Garge for respondent nos.1 and 2.

CORAM: NARESH H. PATIL & PRAKASH D. NAIK, JJ.

OCTOBER 21, 2016.

P.C.

1.

Heard learned Senior Counsel Mr. Anturkar for the petitioner and the learned counsel Mr. Garge for respondent nos.1 and 2. We have perused the impugned order.

2.

Learned Senior Counsel appearing for the petitioner submits that by impugned order dated 14/10/2016, stay granted by the Tribunal to the transfer order dated 13/5/2016 came to be vacated. The petitioner is still holding charge of Deputy Director, Air Safety at Mumbai. Learned Senior Counsel, therefore, seeks interim protection.

903-civil-wp-12117-16 3.

The Central Administrative Tribunal observed that post of Deputy Director, Air Safety at Hyderabad is lying vacant since April 2016. It is further observed that petitioner could join the transferred post by filing a protest petition. The issues raised by the petitioner would be gone into by the Tribunal in the O.A. which is pending consideration of the Tribunal. 4.

In the facts of the case, we are not inclined to interfere into an interim order passed by the Tribunal. The Original Application is to be heard finally. The parties are free to raise appropriate issues before the Tribunal. Needless to mentioned that the Tribunal would deal with the relevant issues while deciding the Original Application, finally. 4.

In these circumstances, petition is dismissed. However, we direct the Tribunal to decide the Original Application No. 418 of 2016 as expeditiously as possible on its own merits.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL,J.)