Shilpa Ashutosh Kumar v. Bank Of Baroda, Represented By Its Chairman And Managing Director And 2 ORS

Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.164/2021 Ms. Shilpa Ashutosh Kumar, Wife of Mr. Ashutosh Kumar, Age 43 years, married, Chief Manager, Bank of Baroda, Resident of G-1, B-25, Milroc Ribandar Retreat, Alto Ribandar, Panaji, Goa 403006.

...PETITIONER

Versus

1. Bank of Baroda Represented by its Chairman and Managing Director Office at Baroda Corporate Centre, C-26, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai, Maharashtra-400051.

2. Deputy General Manager (RH), Office at Regional Office, Metropolis II, 4 Floor, Behind Caculo Mall, St. Inez, Panaji, Goa-403001.

3. General Manager, Bank of Baroda, Zonal Head Office at 2nd floor, Sharda Centre, 11/1 Khailare Path, Erandwana Pune, Maharashtra-411004.

...RESPONDENTS Mr. Ketan Morajkar, Advocate for the Petitioner. Petitioner present in person.

Mr. Gaurish Agni, Advocate for the Respondents.

CORAM:

M. S. SONAK & R. N. LADDHA, JJ.

DATED:

P.C.:

1.

Mr. Morajkar submits that he would like to withdraw his appearance on behalf of the petitioner. He states that necessary withdrawal notice, as well as NOC, has already been issued to the petitioner.

2.

The petitioner is present in the Court and accepts that she has received the notice from Mr. Morajkar.

3.

Accordingly, Mr. Morajkar is discharged from appearing in this matter.

4.

The petitioner who now appears in person has been apprised that she can be provided with legal assistance through the Goa State Legal Services Authority. However, she states that she wants to plead her case and does not want any legal assistance. 5.

Mr. Gaurish Agni appears for respondents no.1, 2, and 3 and points out that he has already filed a reply on behalf of the respondents.

6.

The petitioner, who appears in person now points out that the two reliefs sought for by her in this petition have become infructuous and therefore, she seeks to withdraw this petition. She however submits that on account of her daughter studying in Std.XIIth and also on account of the pendency of this petition, she could not join the transferred post for some time. She states that now she has joined the transferred post. She prays that some directions be issued to the respondents to consider this absence as an authorized absence.

7.

We have made it clear to the petitioner that at this stage and in this petition we cannot issue any such directions. However, we feel that the petitioner can be granted the liberty to make a proper representation to the respondents explaining in detail the reasons why she could not join the transferred post and we are sure that after such a representation is made the same will be considered in accord with law and on its own merits by the respondents and disposed of. We direct accordingly. 8.

The petitioner states that she will make a representation within two weeks from today to the concerned respondents. If such representation is indeed made we are quite sure that the same will be considered and disposed of expeditiously.

9.

Once again we have ascertained from the petitioner about her intention to withdraw this petition. The petitioner states that she wishes to withdraw this petition because the reliefs therein have been rendered infructuous and will be satisfied with the above direction.

10.

Accordingly, we grant leave to the petitioner to withdraw this petition. Further, we request the respondents to consider and dispose of her representation in accord with law and on its own merits.

11.

The petition is disposed of in the aforesaid terms. There shall be no order for costs.

12.

All concerned to act on the authenticated copy of this Order.

R. N. LADDHA, J.

M. S. SONAK, J.