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Bombay High CourtWP/651/2025dismissed

Rashtrapal Chirkutrao Gaurkhede v. Principal District And Sessions Judge-Cum Appropriate Auth. Under Gsicc, Nagpur And ORS

2025-03-18Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp651.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 651 OF 2025 ( Rashtrapal Chirkutrao Gaurkhede ..vs.. Principal District & Sessions Judge-Cum-Appropriate Authority under the GSICC, Nagpur and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.A. Dhawas, Counsel for the petitioner, Mr. Abhay Sambre, Counsel (appointed) for the respondent Nos.1 to 3. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 18-03-2025 The contention of Mr. Dhawas is that the enquiry report was not supplied to him which is nullified by the reply dated 27-9-2024 (Page No.79) which has been filed by the petitioner himself under his signature, which itself indicates that it is in pursuance to the receipt of the enquiry report on 02-7-2024. We are, therefore, not inclined to accept this contention. The same stands rejected.

2.

The second ground is that there are no dates regarding the incidences as indicated in para 4 (ii) and (iii) of the order dated 19-12-2024 (Page No.94) passed by the learned District Judge, also does not appeal to us, as on account of passage of time, it may not be possible to recall the exact date of the incidence, which otherwise has been substantiated by the evidence of the counsels who have been examined in support of the respondent No.4. Minor variance, in the statement and evidence of the witnesses after passage

2 wp651.25 of time, could not be said to nullify the happening of the incidence, which stand substantiated, in substance. 3.

List the matter on 19-3-2025.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 18/03/2025 18:44:41