Shri. Prakash Ramrao Nagale v. Union Of India Thru Gen.Manager Central Railwaay, And ORS

VISHAL 515-wp-12659-2018.doc FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO.12659 OF 2018 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amitkumar D. Sale, for the petitioner CORAM :

A.S. OKA AND M. S. SONAK, JJ.

DATE :

30th OCTOBER 2018.

P.C. :

.

Not on board. Taken on board.

2.

The Petitioner approached Central Administrative Tribunal for challenging the order dated 11th May, 2018 by which the Petitioner was transferred. On 30th July, 2018 while admitting the original application, the prayer for ad-interim relief was refused. Thereafter, on 19th September, 2018 the Tribunal declined to grant interim relief.

3.

Both the orders were not challenged by the Petitioner though the order of transfer is of 11th May, 2018. By the impugned order dated 12th October, 2018 the interim relief has been purportedly refused but prayer for interim relief is not disposed of. It is obvious that ad-interim

VISHAL 515-wp-12659-2018.doc relief has been refused by the order dated 12th October, 2018 and the Tribunal has kept the matter on 13th November, 2018.

4.

Considering the failure of the Petitioner to challenge the order dated 30th July, 2018 and 19th September, 2018 this is not a fit case to entertain the present Writ Petition under Article 226 of the Constitution of India.

5.

We, therefore direct that if the prayer is made by the Petitioner for taking up the matter for hearing as to interim relief on 13th November, 2018, the Tribunal shall consider the same.

6.

Subject to what is observed above, the Petition is disposed of.

7.

All contentions and merits of the parties are kept open.

(M. S. SONAK, J.) (A. S. OKA, J.)