Pramod Shivprasad Gupta v. Maha. State Road Transport Corporation, Thr. Divisional Controller, Div. Office Amravati And Anothe

2010wp6166.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.6166 of 2016 (Pramod Shivprasad Gupta v. Maharashtra State Road Transport Corporation, through its Divisional Controller, Amravati, and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.J. Gilda, Advocate for Petitioner.

Coram : R.K. Deshpande, J.

Date : 20 th October, 2016 Both the Courts below are concurrent in rejecting the application under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 for staying the order of dismissal from service. The charge against the petitioner was that while on duty, he was under the influence of alcohol. The charge has been found to be proved by the Enquiry Committee. Both the Courts below are concurrent in recording the findings against the petitioner. There is no jurisdictional error committed by the Courts below. The petition is dismissed.

At this stage, Shri Gilda, the learned counsel for the petitioner, submits that the order of status quo, which was operating since 2007, should be continued for a certain period so as to enable the petitioner to approach the Apex Court. In view of the findings recorded by the Courts below, I do

2010wp6166.16.odt not find any reason to continue the order of status quo. The prayer is rejected.

Judge.

Lanjewar