Kendriya Vidyalaya Sangathan And ORS v. M R Edward
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3050 OF 2005 Kendriya Vidyalaya Sangathan and others Vs. M.R.Edward WITH C.A.NO.6935 OF 2009 IN W.P.NO.3050 OF 2005 WITH WRIT PETITION NO.2892 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders Mr.K.B.Choudhari, advocate for the petitioner. Mr.S.B.Deshpande, A.S.G for Respondent No.1.
Mr.Amol Chalak, advocate holding for Ms.Smita Rajvaidya, advocate for the petitioner in W.P.No.2892/2007.
CORAM : S.V.GANGAPURWALA AND N.W.SAMBRE,JJ.
Date : 15.09.2016.
PER COURT :
1.
Heard.
2.
Both these Writ Petitions assail the order passed by the Central Administrative Tribunal dated 20.8.2004, whereby the Central Administrative Tribunal has partly allowed the Original Application filed by the employee i.e. petitioner in W.P.No.2892/2007, challenging the punishment of dismissal imposed upon the said employee. The Tribunal under its impugned
order directed the employer to consider giving a lesser punishment than terminal punishment.
3.
Mr.Choudhari, learned counsel for the employer submits that the employer has after the impugned order of the Tribunal imposed lesser punishment upon the employee i.e. reduction in rank. It is further submitted that the said punishment is assailed by the employee in appeal and the said appeal is dismissed. 4.
The employee can assail the said order as may be permissible in law before the Tribunal.
5.
As the order passed by the Tribunal has been complied and fresh punishment has been awarded which was also subject matter in appeal, nothing would survive for adjudication in the present Writ Petitions.
6.
In view of that, the Writ Petitions stand disposed of. Rule discharged. No costs.
7.
In view of disposal of Writ Petitions, the Civil Application also stands disposed of.
(N.W.SAMBRE,J.) (S.V.GANGAPURWALA,J.) Dt.15.09.2016.
asp/office/wp3050.05