Bombay High CourtWP/3163/2016dispossed offdismiss for default

Dinesh S/O Nilkant Nagarkar v. Maharashtra State Electricity Transmission Company Ltd. Thr. Director And Another

2016-11-18Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

1811wp3163.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3163/2016 Dinesh s/o Nilkant Nagarkar ...Versus...

Maharashtra State Electricity Transmission Company Ltd., through its Director Mumbai - 400051 and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Sudame, Advocate for petitioner Shri D.M. Kale, Advocate for respondents CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 18.11.2016 By this writ petition, the petitioner challenges the order of the Executive Engineer, Maharashtra State Electricity Transmission Company Limited, dated 20.5.2016 removing the petitioner from the post of Additional Executive Engineer. Shri Kale, the learned Counsel for the respondents states that an identical issue like the one involved in this petition came up for consideration before the Division Bench at the Principal Seat in a bunch of writ petitions bearing Writ Petition No.5995/2016 and others and by the judgment, dated 24.10.2016, the writ petitions are dismissed. It is stated that on parity, it would be necessary to dismiss this writ petition also. Shri Sudame, the learned Counsel for the petitioner does not dispute the statement made by the learned Counsel for

1811wp3163.16.odt the respondents and fairly admits that identical petitions are dismissed by the Division Bench at the Principal Seat by the judgment, dated 24.10.2016. It is stated that by the judgment dated 24.10.2016, the petitioners were granted liberty to make a representation to justify the experience certificate submitted by them along with their recruitment application and the respondents were directed to decide the representation within a period of ten weeks. It is stated that a similar order could be passed, in this petition also.

Hence, for the reasons recorded in the judgment dated 24.10.2016 passed by the Division Bench at the Principal Seat in a bunch of writ petitions bearing Writ Petition No.5995/2016 and others we dismiss the writ petition. We, however, grant liberty to the petitioner to make a fresh representation along with the relevant material to justify the experience certificate submitted by him along with the recruitment application, within a period of two weeks, and if such a representation is made, we direct the respondents to decide the same within ten weeks.

Order accordingly. No costs.

JUDGE JUDGE Wadkar