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Bombay High CourtWP/3834/2025rule absolute

Maharashtra Public Service Commission, Thr. Its Secretary. v. Dr. Rajendra Ramchandra Chaudhari And ANR.

2025-07-23Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

1 945.wp.3834.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3834/2025 Maharashtra Public Service Commission, Navi Mumbai Vs.

Dr. Rajendra Ramchandra Chaudhari and Anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Abhijit Deshpande, Advocate for Petitioner. Mr. D. P. Thakare, Addl.G.P. for Respondent Nos.2/State. CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI,JJ.

DATED : 23/07/2025.

1.

Mr. Deshpande, learned Counsel for the petitioner submits that the petitioner - Maharashtra Public Service Commission (MPSC) aggrieved by the order passed by the Maharashtra Administrative Tribunal invoked the provisions under Rule 17(2) of the Maharashtra Administrative Tribunal (Procedure) Rules, 1988 for setting aside ex-parte judgment. The same came to be rejected vide impugned order.

2.

It is submitted that the learned Tribunal has wrongly held that the Presenting Officer was represented the petitioner, whereas, the Presenting Officer never represented the MPSC, but he represented the State only. 3.

Issue notice to the respondents, returnable on 31.07.2025.

4.

Mr. D. P. Thakare, learned Addl.G.P. waives service of notice for respondent No.2.

5.

The petitioner is permitted to serve the respondent No.1 by private mode, in addition to the regular mode of service and file an affidavit of service by

2 945.wp.3834.25 next date, failing which the petitioner shall deposit costs of Rupees Five Hundred with the High Court Gazetted Officer's Association, Nagpur.

6.

Till the next date, there shall be ad interim relief in terms of prayer clause -(c).

7.

In the meantime, the Maharashtra Administrative Tribunal shall not proceed with the Contempt Petition No.2/2025.

(MRS.VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) RGurnule.

Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 23/07/2025 19:42:19