Bombay High CourtRPW/90/2025disposed off

Union Of India Through The Genreal Manager And ANR v. Kamlesh Kumar Nagpure

2025-09-23Hon'Ble Shri Justice Suman Shyam , Hon'Ble Shri Justice M. M. Sathaye2 pages

dtg 3-Rpw-90-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 90 OF 2025 IN WRIT PETITION NO. 18612 OF 2024 Union Of India & Anr.

... Petitioners V/s.

Kamlesh Kumar Nagpure ... Respondent _______________________________________ Ms. Anjali N. Helekar a/w Ms. Anu C. Kaladharan for Petitioners. Mr. S.K. Tripathi a/w Ms. Manisha Joshi for Respondent. _______________________________________ CORAM : A. S. GADKARI AND M. M. SATHAYE, JJ.

DATE : 23rd September 2025.

P.C. :

1) Learned counsel for Respondent produced on record an Order dated 17th February 2025, passed by the Central Administrative Tribunal Mumbai, in CP No./190/2024 (Mumbai) in O.A./81/2019 MACP. 1.1) Para No. 1 of the said Order reads as under:

"Learned counsel for the respondents submits that the respondents have challenged the decision of this Tribunal in WP No. 18612/2024, which was dismissed on 13.01.2025, she submits that the respondents have taken the policy decision to implement the order of the Tribunal. The respondents therefore need six weeks time to comply the order of this Tribunal."

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dtg 3-Rpw-90-2025.doc 1.2) The said Order has been passed on 17th February 2025 and the said Contempt Petition was adjourned on 2nd April 2025. Present Petition is thereafter filed on 24th April 2025 in this Court. If the Administration of Central Railway has taken a 'Policy Decision' to implement the Order of Tribunal, which was under challenge in WP No.18612 of 2024, then why the Petitioners have filed present Review Petition on 24th April 2025, is the question to be answered by the concerned Authority, who has taken the 'Policy Decision'.

2) We have been informed that, Chief Personnel Officer (Industrial Relation), is the Authority, who takes 'Policy Decision' on behalf of Central Railway in judicial matters. We therefore direct the said Authority i.e. Chief Personnel Officer (Industrial Relation), to file his Affidavit to the Petition placing on record the true and correct facts regarding 'Policy Decision' taken by it to implement the Order of Central Administrative Tribunal, dated 16th April 2024, within a period of three weeks from today. 3) Stand over to 11th November 2025.

(M. M. SATHAYE, J. ) ( A.S. GADKARI, J. ) 2/2