Vipul Kumar Singh v. Union Of India Through Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1888 OF 2025 Digitally signed by NIKITA KAILAS DARADE Date:

2025.03.10 14:57:14 +0530 NIKITA KAILAS DARADE Vipul Kumar Singh .....Petitioner Vs.

Union of India Through Secretary and Ors. ....Respondents Mr. S.C. Naidu, a/w Mr. Vicky Nagrani for the Petitioner. Mr. R. R. Shetty, Senior Advocate a/w Mr. Neel Helekar a/w Mr. Kanhaiya Yadav for the Respondent Nos. 2 to 4. Mr. Jaymangal Dhanraj for the Respondent No.7. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 10th FEBRUARY, 2025 P.C. :- 1.

The Petitioner is removed from service with a speaking order (9 pages), dated 27th January 2025, after conducting a full fledged departmental enquiry and after the Enquiry Officer has held the Petitioner guilty of the charges leveled upon him. 2.

Rule.

3.

Mr. Shetty, the learned Senior Advocate, waives service of notice on behalf of Respondent Nos. 2, 3, and 4. In view of his

submissions, the issue as regards the maintainability of this Petition, would be considered.

4.

Mr. Jaymangal Dhanraj, learned advocate waives service of notice on behalf of Respondent No.7. 5.

Since, the Petitioner has been removed from service after a full fledged departmental enquiry, no interim relief. 6.

Let the pleadings be completed within a period of 60 days.

7.

Rejoinder affidavit, if any, to be filed within a period of 30 days, thereafter. The pagination in continuation be carried out by the Petitioner.

8.

Insofar as the Petitioner, occupying the official quarter, the learned Advocate for the Petitioner informs us that his son's 10th standard examination would be commencing from 15th February, 2025 and would conclude by 12th March, 2025. He is willing to pay the license amount as per the Rules of the Institution for some period.

9.

The learned Advocate for the Management submits that the Petitioner is entitled to retain the quarter till 23rd February, 2025. Thereafter he will pay the license fees as per the Rules for a limited period.

10.

We direct that since the Petitioner's son is facing an examination, he may be permitted to occupy the said quarter until 31st March 2025. The Petitioner can retain the accommodation without paying rent up to 26th February 2025, which the Rule permits. We further direct that the Petitioner be permitted to occupy the accommodation on license fees as per the Rules effective from 24th February, 2025.

11.

All office objections, if any, shall be removed on or before 27th March, 2025, failing which, the Writ Petition shall stand dismissed without further reference to the Court, on 28th March, 2025.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)