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Bombay High CourtCAW/988/2024ca disposed off

Sunil S/O Baldeo Kharate v. State Of Maha., Thr. Its Chief Secretary, Mumbai And ORS.

2024-03-28Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp1812.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO. 988 OF 2024 IN WRIT PETITION NO. 1812 OF 2024 ( Sunil s/o Baldeo Kharate ..vs.. State of Maharashtra, through its Chief Secretary, Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.R. Saboo, Counsel for the petitioner.

CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 28-03-2024 Prayer for amendment is allowed.

2.

Amendment to be carried out within a period of one week.

3.

Civil application is disposed of.

Writ Petition No. 1812/2024 Heard.

2.

Leave to add Corporation as party respondent No.6.

3.

Amendment to be carried out forthwith.

4.

By placing reliance on Rule 9 of the Indian Administrative Service (Cadre) Rules, 1954 and the notification dated 15-6-2018 issued by the Ministry of Personnel, Public Grievances and Pensions (Department

2 wp1812.24 of Personnel and Training), it is the contention of the learned Counsel for the petitioner Mr. N.R. Saboo that the post of Commissioner which the respondent No.6Corporation has to be filled in by appointing an I.A.S. Officer and not otherwise.

4.

Issue notice to the respondents, returnable on 22-4-2024.

5.

Ms. T.H. Khan, learned Assistant Government Pleader waives service on behalf of respondent Nos. 1 and 3.

6.

We expect the response of the Principal Secretary, Urban Development Department-respondent No.3 by the returnable date.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar