Macchindra Narayan Singade v. The Sanjivani Shikshan Sanstha, Asgaon, Through Secretary Ashok Moharkar And Others

Order 2808mca819.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 819/2018 IN WRIT PETITION NO. 1398/2004.

Machhindra Narayan Singade -VERSUSThe Sanjivani Shikshan Sanstha, Asgaon and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & M. G. GIRATKAR, JJ.

DATE : AUGUST 28, 2018.

Heard Shri I.G. Meshram, learned Counsel for the applicant.

2.

Prayer is to recall order dated 08.03.2018 and restore Writ Petition No.1398/2004 back to file. 3.

After hearing learned counsel for the applicant/petitioner, we find that the challenge in Writ Petition was to an order of interim suspension i.e. suspension pending departmental enquiry. Enquiry is now over and applicant/petitioner is also dismissed from service. That dismissal has been questioned by the applicant/petitioner, and presently the controversy

Order 2808mca819.18 is pending before the learned Single Judge.

4.

Thus, while assailing propriety of punishment and departmental enquiry, the correctness or otherwise of interim suspension is bound to be one of the contention.

5.

As the learned Single Judge is looking into the matter, we find that the present challenge has become infructuous. Hence, without observing anything on the merits of the controversy, we dispose of Misc. Civil Application No.819/2018, as infructuous. No costs.

JUDGE JUDGE Rgd.