ORIGINAL APPLICATION NO. 872 OF 2018 (Arun M. Gir Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A) (This matter is placed before the Single Bench due to non-availability of Division Bench.) DATE : 23.11.2021 ORAL ORDER : Shri Arvind G. Ambetkar, learned Advocate for the applicant (absent). Shri N.U. Yadav, learned Presenting Officer for the respondents, present. 2. Since nobody appears for the applicant, S.O. to 03.01.2022. MEMBER (A) ORAL ORDERS 23.11.2021 – HDD
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ORIGINAL APPLICATION NO. 872 OF 2018 (Arun M. Gir Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)
(This matter is placed before the Single Bench due to non-availability of Division Bench.)
Presenting Officers for the respective respondents in
respective matters.
2. It appears from the record of O.A. Nos. 375 & 376
both of 2020 that only respondent no. 4 has filed affidavit
in reply in these cases and the affidavit in replies of
respondent nos. 1 to 3 are awaited. Respective learned
P.Os. seek time for filing affidavit in replies of respondent
nos. 1 to 3 in O.A. Nos. 375 & 376/2020.
3. It further appears from the record of O.A. No.
418/2020 that affidavit in reply of respondent nos. 1 to 4 is
awaited. Respective learned P.O. seeks time for filing
affidavit in reply of respondent nos. 1 to 4.
4. Taking into consideration the peculiar facts of these
cases in which Sports Certificates based on which
recruitments had been done, are determined to be invalid
::-2-:: O.A. NOS. 375, 376 & 418/2020
and the role of Sports Department Officers is also under
enquiry / investigation, unexplainable delay in filing
affidavit in reply is a matter of concern. This should be
appreciated by the respondents in general and Respondent
Nos. 2 & 3 in particular.
5. Therefore, even though the last chance is being
granted at the request of respective learned P.Os. for filing
affidavit in reply of respondent nos. 1 to 3, on the next date
of hearing the respondent no. 2 – the Commissioner,
Sports & Youth Services, Pune and the respondent no. 3 –
the Deputy Director, Sports & Youth Services, Aurangabad
shall personally remain present before the Tribunal, if
before or on the next date of hearing affidavit in reply on
behalf of respondent nos. 1 to 3 in these cases is not filed
for whatsoever reasons.
6. S.O. to 17.1.2022. The interim relief granted earlier
to continue till then.
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
ORIGINAL APPLICATION NO. 184/2020 (Govardhan B. Kawale Vs. State of Maha. & Ors.)
CORAM : Hon'ble Shri Bijay Kumar, Member (A)
[This matter is placed before the Single Bench due to non-availability of Division Bench.]
DATE : 23.11.2021 ORAL ORDER :
Heard Shri V.V. Gujar, learned Advocate for the
applicant and Smt. M.S. Patni, learned Presenting Officer
for the respondents.
2. Learned Advocate for the applicant seeks leave of the
Tribunal to delete the word ‘list’ preceeding the words ‘as well as appointment order of respondent no. 4, dated 1.6.2020, as illegal and bad in law and be further pleased to quash and set aside.’ in para 11.1 (Relief
Sought caption) of O.A.
3. Para 11.1 at present runs as follows :-
‘(11.1) That this Hon’ble Tribunal be pleased to declare provisional and final selection list as well as appointment order of Respondent no. 4, dated 1.6.2020, as illegal and bad in law and be further pleased to quash and set aside.’
4. It appears that, if the leave to delete the word ‘list’
from second line of para 11.1 is granted to the applicant,
the same will not change the nature of O.A. or interim relief
sought for. If the said leave is not allowed, the basic cause
of action would irreparably be damaged. Learned
Presenting Officer consents to the proposed amendment.
::-2-:: O.A. NO. 184/2020
Therefore, in the interest of justice, the leave sought for is
granted. After amendment the said para 11.1 reads as
follows :-
‘(11.1) That this Hon’ble Tribunal be pleased to declare provisional and final selection as well as appointment order of Respondent no. 4, dated 1.6.2020, as illegal and bad in law and be further pleased to quash and set aside.’
5. The said amendment be carried out within a period of
one week and amended copy of O.A. be supplied to the
learned P.O.
6. S.O. to 5.1.2022.
’
MEMBER (A)
ARJ ORAL ORDERS 23.11.2021
Date : 23.11.2021 ORIGINAL APPLICATION NO. 728 OF 2021 (Shaikh Abdul Gafur Md. Sarwar V/s State of Maharashtra & Ors.) Per :– Standing directions of Hon’ble Chairperson, M.A.T., Mumbai
1. Shri A.B. Rajkar, learned Advocate for the applicant and Smt. Sanjivani K. Deshmukh-Ghate, learned P.O. for respondents, are present. 2. Circulation is granted. Issue notice to the respondents, returnable on 16.12.2021. The case be listed for admission hearing on 16.12.2021. 3. Tribunal may take the case for final disposal at this stage and a separate notice for final disposal shall not be issued. 4. Applicant is authorized and directed to serve on Respondent intimation / notice of date of hearing duly authenticated by Registry, along with complete paper book of case. Respondents are put to notice that the case would be taken up for final disposal at the stage of admission hearing. 5. This intimation / notice is ordered under Rule 11 of the Maharashtra Administrative Tribunal (Procedure) Rules, 1988 and the questions such as limitation and alternate remedy are kept open. 6. The service may be done by Hand delivery, speed post, courier and acknowledgement be obtained and produced along with Affidavit of compliance in the Registry as far as possible before the returnable date fixed as above. Applicant is directed to file Affidavit of compliance and notice. REGISTRAR ARJ REGISTRAR NOTICE – 23.11.2021