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Bombay High CourtWP/11873/2016rejected at admission stage

Ganesh Tulshiram Pagare v. The State Of Maharashtra And Others

2016-12-01Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice R. M. Borde2 pages

wp11873.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 11873 OF 2016 Ganesh s/o Tulshiram Pagare .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.P. Urgunde, advocate for petitioner.

Mr. K.D. Mundhe, AGP for the State.

Mr. S.R. Gandle, advocate for respondent no. 6. ===== CORAM : R.M. BORDE & SANGITRAO S. PATIL, JJ.

DATE : 1st DECEMBER, 2016.

PER COURT :

Order under challenge in the instant petition is passed at the interlocutory stage of proceeding by the Maharashtra Administrative Tribunal. Original application presented by petitioner challenging the order of transfer is stated to be pending wherein an application for intervention has been tendered by the respondent - employees' organisation. The application for intervention has been allowed by the tribunal. Petitioner contends that the employees' organisation is guilty of preparation of false record and as such does not have locus to intervene in the matter. Since the order has been issued by the tribunal at an interlocutory stage of the proceeding and that the original application tendered by petitioner is pending for consideration, in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, no interference is

wp11873.16.doc called for in the instant petition. Petition is devoid of substance hence stands rejected.

( SANGITRAO S. PATIL ) ( R. M. BORDE ) JUDGE JUDGE dyb