Sebastian Keropin Jacinto And ANR. v. The Grievance Redressal Committee And 4 ORS.

sg wpl504-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.504 OF 2019 Sebastian Keropin Jacinto And Anr.

....Petitioners vs Grievance Redressal Committee, Mumbai Suburban, Mumbai and Ors.

...Respondents

.....

Mr. H.S. Anand, a/w. Mr. Amanjhot Anand, i/b. H.S. Anand and Associates, for the Petitioners.

Mr. Amit Shastri, AGP, for Respondent No.3.

Mr. Shankar P. Thorat, for Respondent No. 4.

Mr. Nitesh Acharya, a/w. Mr. Ajay Jankar, i/b. Mr. Tushar Kochale, for Respondent No.5.

......

CORAM : S.C. GUPTE, J.

DATED: 18 MARCH 2019 P.C.:

.

After the matter is heard at some length, it is agreed between learned Counsel for the parties that the order impugned in the present petition, which is passed by Grievance Redressal Committee on 6 September 2018, may be set aside so far as the order relates to Petitioner Nos. 1 and 2 (original Respondent Nos. 2 and 3 before the Grievance Redressal Committee) and the appeal be remanded to Grievance Redressal Committee for a fresh hearing in accordance with law. The impugned order dated 6 September 2018 is, accordingly, set aside and Appeal No.57 of 2017 is remanded to Grievance Redressal Committee, Pg 1 of 2

sg wpl504-19.doc Mumbai Suburban, Mumbai, for a fresh hearing in accordance with law. Grievance Redressal Committee shall, on remand, consider all aspects including (i) the appellant's locus of challenge the orders of the Secretary, S.R.A. dated 21 October 2010 and 9 April 2013, (ii) the issue of limitation in approaching the Grievance Redressal Committee under Section 35 (1)(a), and (iii) the merits of the controversy. The grievance Redressal Committee shall dispose of the appeal on remand as expeditiously as possible. The writ petition is disposed of in the above terms.

( S.C. GUPTE, J. ) Pg 2 of 2