Chokkapu Sandeep v. The Union Of India Throu. Sec. Ministry Of Finance Dept Of Revenue And ORS
56-wp-16519-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16519 OF 2024 Chokkapu Sandeep .....Petitioner Vs.
NIKITA KAILAS DARADE The Union of India and Ors. ....Respondents NIKITA KAILAS DARADE Date: 2024.12.03 11:07:19 +0530 Balkrishna M. a/w Adv. Shivani Gautam a/w Tanoj Joshi a/w Adv. Vaibhavi D. for the Petitioner.
Adv. Anjali Helekar a/w Adv. Shalaka P. More for the Respondents. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 28th NOVEMBER, 2024 P.C. :- 1.
Considering Section 3(q) and 15(1)(b) of the Administrative Tribunals Act, 1995, this matter would actually lie before the learned Central Administrative Tribunal. We called upon the learned Advocate for the Petitioner to take instructions as to whether he would prefer to file a proceedings or whether this petition should be transferred.
2.
The learned panel Advocate representing all the Respondents, submits that the departmental enquiry is still going on. Nikita
56-wp-16519-2024.odt The earlier objections of the Petitioner, that the enquiry should be stayed, have been rejected. The Petitioner and his defense representative have already cross-examined the first two witnesses of the Management. Now the third witness would be examined, to be followed by the fourth witnesses. Opportunity of cross-examination would be granted to the Petitioner. 3.
The learned Advocate for the Petitioner submits on instructions that this matter may be transferred to the Tribunal at Mumbai, so that he can address the Tribunal at the earliest and seek interim relief.
4.
In view of the above, we are disposing off this Writ Petition from the file of this Court. Registry is directed to transfer this proceedings to the Tribunal within a period of 10 days from today.
5.
We grant liberty to the learned Advocate for the Petitioner to address the Tribunal for interim relief.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita