Baby Wd/O Pisaram Satmohankar v. Union Of India, Thr. Secretary, Dept. Of Ministry Of Railway, New Delhi And ORS.

2024:BHC-NAG:8969-DB 904-WP-1149-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.1149 of 2024 Baby wd/o Pisaram Satmohankar vs. Union of India and others. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms Sunita Kulkarni, Advocate for petitioner.

Mr N. S. Deshpande, Dy. Solicitor General of India for respondent nos. 1 to 3. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 14th AUGUST, 2024 Heard.

2.

We have perused the report of the Enquiry Officer viz. Divisional Inspector R. P. F., Central Railway, Nagpur, dated 17.06.2024.

3.

In this background, it will be appropriate to dispose of the writ petition by directing the respondent-Employer to re-consider the impugned order dated 17.10.2023 in the light of the said enquiry report and pass a fresh order after hearing the petitioner in the matter.

4.

Before passing the order, we expect the respondentEmployer to be sensitive not only of the enquiry report but also the material placed on record as the enquiry was conducted pursuant to the directions issued by this Court on 25.04.2024 5.

We permit the petitioner to appear before the respondentauthority on 26.08.2024 and the respondent-authority shall decide the matter within a period of four weeks thereafter. Decision taken be communicated to the petitioner.

904-WP-1149-2024.odt 2 6.

Needless to clarify that if the claim of the petitioner is allowed, we expect respondent-authority to deal with the issue of arrears to which the petitioner would be entitled. 7.

With these directions, the writ petition stands disposed of. No costs.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 14/08/2024 15:44:46