The State Of Maha., Through Principal Sect., Public Health Dept., Bombay And Others v. Dr. Arun Ramchandra Thosar

wp1147.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1147/2016 The State of Maharashtra through its Principal Secretary, Public Health Department, Bombay and others ..vs.. Dr. Arun Ramchandra Thosar. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ambarish Joshi, Advocate for petitioner.

Mr. M. V. Mohokar, Advocate for respondent.

CORAM : B. R. GAVAI & V. M. DESHPANDE, JJ.

DATE : OCTOBER 18, 2016 The petitioners have challenged the order passed by the learned Maharashtra Administrative Tribunal dated 03.03.2015 thereby allowing the Original Application filed by the respondent setting aside the orders challenged before the learned tribunal.

The learned tribunal has given cogent and sound reasons. Not only that, the learned tribunal has relied on judgment of the Apex Court in the case of Yoginath D. Bagde.vs.State of Maharashtra & Anr.; 1999 SCC (L&S) 1385, while allowing the Original Application. It cannot be said that the learned tribunal has taken an impossible view of the matter. On the contrary, the view taken by the tribunal is on the basis of the judgment delivered by the apex Court in the case of Yoginath D. Bagde (supra). In that view of the matter, the writ petition is dismissed. No order as to costs.

JUDGE JUDGE kahale