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Bombay High CourtWP/15393/2019disposed offdismissed for default

Narendra Rajendra Thakur v. The State Of Maharashtra And Others

2019-12-18Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice B. U. Debadwar2 pages

906 WP 15393-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 906 WRIT PETITION NO.15393 OF 2019 NARENDRA RAJENDRA THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Ms. Pradnya Talekar, learned advocate for petitioner ...

CORAM

: SUNIL P. DESHMUKH AND B.U. DEBADWAR, JJ.

DATE : 18TH DECEMBER, 2019 PER COURT:

1.

Learned counsel for petitioner purports to point out that twice the matter had been fixed before the Tribunal, however, could not be heard.

2.

Division bench of the Maharashtra Administrative Tribunal at Aurangabad is available only for a week every month. Learned counsel for the petitioner also submits that there is grave urgency since the petitioner is famishing without having any earning source since being removed from service which is absolutely without following procedure.

3.

The circumstances had entailed transfer application since the matter could not be heard as division bench is generally available at principal seat in Mumbai.

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906 WP 15393-19.odt 4.

It appears that there is no permanent Division Bench of Tribunal at Nagpur and Aurangabad and is causing inconvenience to litigating parties. It also appears that on 10th December, 2019, there were some directions issued in the matter in respect of filling up of vacancies in the tribunal. Hopefully, the situation may be resolved sooner. In such circumstances, we are not inclined to entertain the writ petition for transfer. 5.

Undercurrent of the impugned order appears to be that the matter would be taken up before division bench whenever available. The petitioner as referred to above may urge the Division Bench of Tribunal at Aurangabad. In case the situation would not improve in reasonable time, the petitioner may have another attempt to have transfer of the matter. It is hoped that the request by petitioner, looking at the circumstances, may be considered by Division Bench of the Tribunal according its convenience.

6.

Writ petition is disposed of.

[ B.U. DEBADWA R ] [ SUNIL P. DESHMUKH ] JUDGE JUDGE sarowar 2/2