Naneshwar Sandu Nikam v. The Officer Commanding Delhi And Another

(1) 14-wp-1088-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 WRIT PETITION NO.1088 OF 2018 NANESHWAR SANDU NIKAM ..PETITIONER

VERSUS

THE OFFICER COMMANDING DELHI AND ANOTHER ..RESPONDENTS ...

Mr. Kakasaheb B. Jadhav, Advocate for the Petitioner.

Mr. S. B. Pulkundwar, AGP for Respondents-State. Mr. Sanjeev B. Deshpande, Advocate for Respondent Nos.1 and 2.

...

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATED : 25th MARCH, 2019.

PER COURT:- 1.

The petitioner is seeking direction against respondent no.2 to decide the representation dated 16.12.2017 (Exhibit-F, Page No.27). The learned counsel for the petitioner submits that the petitioner is in service and he is seeking posting at particular place as per his representation dated 16.12.2017.

2.

Mr. Deshpande, learned A.S.G. on instructions submits that the petitioner is already declared as deserter.

3.

In case, the petitioner is declared as deserter, then the petitioner would have to seek

(2) 14-wp-1088-2018 remedy before the appropriate forum against the order declaring him deserter.

4.

In case, the representation dated 16.12.2017 (Exhibit-F, Page No.27) is pending with respondent-Authority, then respondent-Authority shall take decision upon it on its own merits, in accordance with law and preferably within a period of four (04) months.

5.

Writ Petition is disposed of. No costs.

(A. M. DHAVALE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/March-19