Sanjeev Shyamrao Desale v. Food Corporation Of India And ANR.

- 1 - (WPL 367 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No.367 OF 2015 Sanjeev Shyamrao Desale

...Petitioner

Vs.

Food Corporation of India and Anr.

...Respondents

*********** Mr.A.S. Rao for Petitioner Mr. Nitin Gangal for Respondent Nos.1 and 2 *********** CORAM : V. M. KANADE & A. R. JOSHI, JJ DATE : FEBRUARY 25, 2015 P.C. :

1.

The learned counsel for the Respondents has raised a preliminary objection regarding maintainability of this petition. It is submitted that by order dated 30th January, 2015, the services of the Petitioner have been terminated. It is submitted that the Petitioner has an alternate efficacious remedy of filing an appeal against the order of termination and all the issues raised in this petition, can be raised by him in the said appeal.

2.

The learned counsel for the Petitioner does not dispute this fact that there is an alternate remedy available and he seeks leave to withdraw the petition with liberty to file an appeal. 3.

Hence, writ petition is allowed to be withdrawn with liberty as prayed and it is accordingly disposed of. The Petitioner is permitted 1/2

- 2 - (WPL 367 of 2015) to raise all the issues which has raised in this petition and also to challenge the order of termination by filing an appeal. Such an appeal may be filed within a period of four weeks. Upon filing of such an appeal, the same may be considered and disposed of on merits and in accordance with law, as expeditiously as possible and, in any case, within a period of three months thereafter. The writ petition is disposed of in the aforesaid terms.

[A.R. JOSHI, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2