Nitin Harishchandra Sonawane And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4963 OF 2017 Nitin Harishchandra Sonawane and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri V. H. Dighe, Advocate for Petitioners.

Ms. R. P. Gaur, A.G.P. for All Respondents.

CORAM : S. V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 12TH APRIL, 2017.

PER COURT :

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Mr. Dighe, the learned counsel for petitioners submits that, against order of termination/relieving the petitioners from service, the petitioners had filed original application before the Maharashtra Administrative Tribunal (M.A.T.) challenging the said order. Along with main prayers in the original application, the petitioners had also prayed for interim orders. The Tribunal did not grant any interim order and has issued notice and kept the matter on 26th April, 2017. The learned counsel submits that, the petitioners initially had filed Writ Petition and this Court had protected the petitioners for seven days and within seven days the petitioners had filed original application before the

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The petitioners were not served with the termination/relieve orders.

2.

The learned A. G. P. accepts notice for the respondents and submits that, upon termination of the service the protection could not have been granted.

3.

It appears that, the order terminating/relieving the petitioners has taken effect. The contentions raised by the learned counsel for petitioners will have to be considered by the Tribunal while deciding the original application on merits. The Tribunal has kept the matter on 26th April, 2017. 4.

Considering the above, no relief can be granted to the petitioners at this stage. The writ petition is disposed of. No costs. We hope and trust that, the Tribunal would decide the proceedings expeditiously.

[SANGITRAO S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/April 17