Ashish Lobheshwar Patil v. State Of Maharashtra, Thr. Secretary, Department Of Public Health, Mumbai And Others

2023:BHC-NAG:14329-DB 1 16.wp.6570.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

6570/2023 Ashish Lobheshwar Patil Vs. State of Maharashtra and Ors. ................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. K. P. Mahalle, Advocate for Petitioner.

Mr. A. M. Deshpande, i/c. Government Pleader for Respondent Nos.1 & 5. CORAM :

A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI,JJ.. DATED :

29.09.2023 P. C.

.

The challenge raised in the present writ petition is to the interim order dated 07.09.2023 passed by the learned Member of Maharashtra Administrative Tribunal thereby refusing to grant any interim relief to the petitioner in the said proceedings. In the Original Application filed before the Maharashtra Administrative Tribunal the petitioner has raised the challenge to the charge sheet dated 28.08.2023 and by way of interim relief he has sought stay to the disciplinary proceedings.

2.

After hearing the learned Counsel for the petitioner, we find that the writ petition has been preferred against refusal by the Tribunal to grant any interim relief to the petitioner. Since the proceedings are pending before the Tribunal, the interest of justice would be served by expediting the said proceedings for being decided on merits. 3.

Accordingly by keeping the points raised in the writ petition open for being raised before the Maharashtra Administrative Tribunal, it is directed that the Original

2 16.wp.6570.23.odt Application be decided on its own merits and in accordance with law preferably by the end of December, 2023. In case regular Division Bench is not available at the Nagpur Bench, it would be open for the petitioner to seek consideration of the Original Application before the Principal Seat of the Tribunal.

4.

With these directions, the writ petition is disposed of. No order as to costs.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) RGurnule