Mrs. Pramila Manraj Salunkhe v. The State Of Maharashtra Through P. O. Mat, Mumbai And ORS

4. wp 9117-19.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9117 OF 2019 Pramila Manraj Salunkhe ..Petitioner vs.

The State of Maharashtra through P.O. MAT, Mumbai & ors.

..Respondents ...........

Mr. Makarand Kale i/b. Mr. Sukumar Ghanwat for petitioner. Mr. R.S. Pawar, AGP for respondents.

...........

CORAM : NITIN JAMDAR & M.S.KARNIK, JJ.

DATE : 3 FEBRUARY 2020 P.C.:- By this Petition, the Petitioner has challenged the order passed by the Maharashtra Administrative Tribunal dated 21 June 2019 rejecting the application for condonation of delay. 2.

The Petitioner was terminated from the services on 15 October 2013 and filed Original Application after a delay of 4 years, 6 months and 19 days. Two grounds are stated in the application. Firstly that the Applicant was in a state of shock and unable to mentally grasp that she was dismissed from the job and secondly, she made representations to the Chief Minister. The 1/2

4. wp 9117-19.doc Tribunal considered these two grounds as not enough to explain the gross delay of more than 4 years. The ground of shock is omnibus and cannot be explained a delay of 4 years. The representations to the Chief Minister stated to have been made at the interval of one year. The Tribunal, in these circumstances, rightly found that the delay was not satisfactorily explained. The discretion used by the administrative Tribunal cannot be considered as perverse so as to warrant interference under Article 226 of the Constitution of India. The Writ Petition is, accordingly, dismissed.

(M.S.KARNIK, J.) (NITIN JAMDAR, J.) Digitally signed by Diksha Rane Date:

2020.02.05 11:19:22 +0530 Diksha Rane 2/2