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Bombay High CourtWP/2502/2015dispossed offdismiss for default

Prakash S/O Surajprasad Tiwari v. Maharashtra State Road Transport Corp.Ltd. Amravati Division Thr. Its Divisional Controller

2016-09-06Hon'Ble Smt. Justice V.A. Naik4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2502 OF 2015 Prakash s/o Surajprasad Tiwari -vsMaharashtra State Road Transport Corporation Ltd.,Amravati Division ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. Sunil Shukla, counsel for the petitioner. Ms Reddy, counsel h/f Mr. V.H.Kedar, counsel for the respondent. CORAM : SMT. VASANTI A NAIK,J.

DATE : 06.09.2016.

The learned counsel for the respondent states that the issue involved in this writ petition was also involved in Writ Petition Nos.114, 115, 116, 906 and 3469 of 2015. It is stated that in all those writ petitions, this Court had permitted the respondent-Maharashtra State Road Transport Corporation to pass appropriate order of punishment, after considering the reply of the petitioners. It is stated that it was observed in the decided cases that if an order of punishment is passed, it would be operative only after a period of fifteen days from the date of service of the order on the petitioners in the said writ petitions. It is stated that a similar order could be passed in this writ petition also, as during the pendency of this writ petition, the respondent was permitted to proceed with the enquiry and pass appropriate order.

Shri Sunil Shukla, the learned counsel for the petitioner, does not dispute the statements made by the learned counsel for the respondent. It is not disputed that the issue involved in the decided petitions and in this writ petition is similar. Hence, on parity, the writ petition is disposed of with permission to the respondent-Maharashtra State Road Transport Corporation to pass an appropriate order of punishment after

2/4 considering the reply of the petitioner. If any order of punishment is passed, the same would be operative after a period of fifteen days from the date of service of the order upon the petitioner. It is needless to mention that if an order imposing punishment is passed, the petitioner would be free to challenge the same before the appropriate forum. Order accordingly. No costs.

JUDGE KHUNTE

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4/4 C E R T I F I C A T E I certify that this Order uploaded is a true and correct copy of original signed Order. Uploaded by : G.S.Khunte, Uploaded on : 07/09/2016 P.A.to Hon'ble Judge