Rajeev Ranjan Shukla And ORS v. Union Of India Thr The Secretary, Ministry Of Commerce And Industry And ORS

406-aswp17167-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17167 OF 2024 Digitally signed by ATUL GANESH KULKARNI Date:

2024.12.17 14:48:57 +0530 ATUL GANESH KULKARNI Rajeev Ranjan Shukla & Ors.

... Petitioners V/s.

Union of India, through the Secretary, Ministry of Commerce and Industry & Ors.

... Respondents Dr. Abhinav Chandrachud with Mr. Vishal Shirke for the petitioners.

Mr. O.A. Chandurkar, Additional G.P. with Mrs. G.R. Raghuwanshi, AGP for respondent No.1-State.

Mr. Rahul Walia with Ms. Asmita Pendharkar for respondent Nos.6, 8 and 10.

Mr. Satyajeet P. Dighe for respondent No.7.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.

DATED : DECEMBER 17, 2024 P.C.:

1.

Having heard learned counsel for the parties, we are of the opinion that in the facts of the case, the petitioners will be better advised to seek their remedy by way of taking resort to the provisions contained in Rule 16(2) of the Central Administrative Tribunal (Procedure) Rules, 1987.

406-aswp17167-2024.doc 2.

Accordingly, we are not inclined to entertain this writ petition, which is hereby disposed of, with liberty to the petitioners to approach the Tribunal by taking resort of the remedy available to them under Rule 16(2) of the 1987 Rules. 3.

We further direct that in case such an application is preferred by the petitioners before the Tribunal, same shall be expedited and decided without insisting on the limitation of thirty days.

4.

It will also be open to the petitioners to seek appropriate interim relief while moving an application under Rule 16(2) of the 1987 Rules, and in case such application for interim relief is made, same shall also be considered and decided expeditiously.

5.

We may make it clear that any observations made in this order will not constitute our opinion on the merits of the matter.

(AMIT BORKAR, J.) (CHIEF JUSTICE)