ORIGINAL APPLICATION NO. 872 OF 2018 (Arun M. Gir Vs ...

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

ORIGINAL APPLICATION NO. 538 OF 2020 (Sachin S. Pardeshi Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Shri Jitendra S. Gangawane, learned Advocate for the

applicant (absent). Shri I.S. Thorat, learned Presenting

Officer for the respondents, present.

2. Since nobody appears for the applicant, S.O. to

06.01.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 165 OF 2021 (Anil Y. Rokade Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri R.A. Joshi, learned Advocate for the

applicant, Smt. Sanjivani Deshmukh-Ghate, learned

Presenting Officer for the respondent No. 1 and Shri

Shamsundar B. Patil, learned Advocate for respondent Nos.

2 & 3.

2. By consent of both the parties, S.O. to 20.12.2021.

MEMBER (A)


ORIGINAL APPLICATION NO. 563 OF 2021 (Santosh E. Sawant Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Vivek G. Pingle, learned Advocate for the

applicant and Shri S.K. Shirse, learned Presenting Officer

for the respondents.


MEMBER (A)


M.A.NO. 152/2021 IN O.A.NO. 431/2020 (Smt. Seema G. Patil & Ors. Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Suresh P. Salgar, learned Advocate for the

applicants in the present M.A. (respondent Nos. 3 to 5 in

O.A.), Shri Ajay Deshpande, learned Advocate for the

respondent No. 1 in the present M.A. (applicant in O.A.),

Shri M.S. Mahajan, learned Chief Presenting Officer for the

respondent Nos. 2 & 3 in present M.A. (respondent NOs. 1

& 2 in O.A.) and Shri S.D. Joshi, learned Advocate for the

respondent No. 4 in the present M.A. (respondent No. 6 in

O.A.),


MEMBER (A)


T.A.NO. 7/2016 (W.P.NO. 1533/2015) (Chandrakala K. Navghire Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Nassim R. Shaikh, learned Advocate for

the applicant and Shri M.P. Gude, learned Presenting

Officer for the respondents.


MEMBER (A)


ORIGINAL APPLICATION NO. 939 OF 2017 (Dattatraya S. Bargaje Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Sujeet D. Joshi, learned Advocate for the

applicant and Shri S.K. Shirse, learned Presenting Officer



MEMBER (A)


ORIGINAL APPLICATION NO. 374 OF 2018 (Girish B. Deshmukh Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Kakasaheb B. Jadhav, learned Advocate

for the applicant and Shri V.R. Bhumkar, learned

Presenting Officer for the respondents.


MEMBER (A)


ORIGINAL APPLICATION NO. 833 OF 2018 (Prashant A. Falke Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Naseem R. Shaikh, learned Advocate for

the applicant and Shri M.P. Gude, learned Presenting



MEMBER (A)


ORIGINAL APPLICATION NO. 849 OF 2018 (Dr. Vinod A. Kakade & Ors. Vs. State of Maha. & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Santosh G. Chapalgaonkar, learned

Advocate for the applicants and Smt. Sanjivani Deshmukh-

Ghate, learned Presenting Officer for the respondents.


MEMBER (A)


ORIGINAL APPLICATION NO. 117 OF 2019 (Sainath K. Matkar Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri Prasad D. Jajare, learned Advocate for the

applicant and Mrs. Deepali S. Deshpande, learned



MEMBER (A)


ORIGINAL APPLICATION NO. 22 OF 2020 (Santosh G. Rane Vs. State of Maharashtra & Ors.) CORAM : HON’BLE SHRI BIJAY KUMAR, MEMBER (A)



Heard Shri P.B. Rakhunde, learned Advocate for the

applicant and Shri D.R. Patil, learned Presenting Officer for

the respondents.


MEMBER (A)


M.A. ST. 291/2020 IN O.A. 493/2018 (Rajendra K. Shimpi 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.]


Heard Shri H.A. Joshi, learned Advocate for the

applicant and Shri I.S. Thorat, learned Presenting Officer


2. At the request of learned Advocate for the applicant,

S.O. to 7.1.2022 for complying with the office objection.

MEMBER (A)

ARJ ORAL ORDERS 23.11.2021

M.A. 273/2021 IN O.A. ST. 987/2021 (Prakash N. phulluke Vs. State of Maha. & Ors.)




Heard Shri S.D. Joshi, learned Advocate for the



2. At the request of learned Advocate for the applicant,

S.O. to 7.1.2022. Await service of notice upon the

respondents.

MEMBER (A)


M.A. 269/2020 IN O.A. ST. 1652/2019 (Baburao S. Mule & Ors. Vs. State of Maha. & Ors.)




None appears for the applicants. Shri B.S. Deokar,

learned Presenting Officer for the respondents, is present.

2. In view of absence of applicants and their learned

Advocate, S.O. to 6.1.2022 for filing rejoinder, if any.

MEMBER (A)


M.A. 552/2019 IN O.A. ST. 1681/2019 (Sushma E. Chaudhari Vs. State of Maha. & Ors.)




None appears for the applicant. Smt. M.S. Patni,


2. In view of absence of applicant and her learned

Advocate, S.O. to 6.1.2022 for filing rejoinder affidavit.

MEMBER (A)


ORIGINAL APPLICATION NO. 561/2021 (Toliram P. Rathod Vs. State of Maha. & Ors.)




Heard Shri S.D. Joshi, learned Advocate for the

applicant and Smt. Sanjivani Deshmukh Ghate, learned


2. By filing the present O.A. the applicant is challenging

the order dated 16.10.2020 passed by His Excellency

Hon’ble the Governor thereby dismissing the appeal

preferred by the applicant under rule 18 of M.C.S.

(Discipline & Appeal) Rules, 1982 and confirming the order

dated 15.1.2018 passed by the res. no. 1 thereby awarding

the punishment of recovery of 12% amount from his

payable pension permanently plus recovery of Rs. 82,618/-

from the D.C.R.G.

3. Learned Advocate for the applicant seeks time for

producing on record the service affidavit. Time granted.

4. S.O. to 11.2.2022.

MEMBER (A) ARJ ORAL ORDERS 23.11.2021

ORIGINAL APPLICATION NO. 395/2021 (Bhau N. Chaudhari Vs. State of Maha. & Ors.)




None appears for the applicant. Shri N.U. Yadav,


2. At the request of learned Presenting Officer, S.O. to

3.1.2022 for filing affidavit in reply of the respondents.

MEMBER (A)


ORIGINAL APPLICATION NO. 252/2021 (Arati A. Ghatkar Vs. State of Maha. & Ors.)




Heard Shri A.N. Khedkar, learned Advocate holding

for Shri S.B. Kakade, learned Advocate for the applicant

and Shri D.R. Patil, learned Presenting Officer for the

respondents.

2. Learned Advocate for the applicant has filed

rejoinder affidavit to the affidavit in reply of res. nos. 1 to 3.

It is taken on record and copy thereof has been supplied to

other side.

3. S.O. to 10.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 192/2021 (Suresh B. Lande Vs. State of Maha. & Ors.)




Heard Shri A.N. Khedkar, learned Advocate holding

for Shri S.B. Kakade, learned Advocate for the applicant

and Smt. Sanjivani Deshmukh Ghate, learned Presenting



rejoinder affidavit to the affidavit in reply of res. nos. 1 to 3.

It is taken on record and copy thereof has been supplied to

other side.

3. S.O. to 10.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 06/2021 (Dattu R. Raut Vs. State of Maha. & Ors.)




Heard Shri K.B. Jadhav, learned Advocate holding for

Shri V.B. Wagh, learned Advocate for the applicant and

Shri B.S. Deokar, learned Presenting Officer for the

respondents.

2. Learned P.O. has filed affidavit in reply on behalf of

respondent nos. 1 to 3. It is taken on record and copy

thereof has been supplied to other side.

3. S.O. to 10.1.2022 for filing rejoinder affidavit, if any.

MEMBER (A)


ORIGINAL APPLICATION NO. 582/2020 (Muktar F. Tadvi Vs. State of Maha. & Ors.)




None appears for the applicant. Smt. Sanjivani

Deshmukh Ghate, learned Presenting Officer for the

respondents, is present.

2. In view of absence of applicant and his learned

Advocate, S.O. to 7.1.2022 for filing rejoinder affidavit, if

any.

MEMBER (A)


ORIGINAL APPLICATION NO. 415/2021 (Vivekanand V. Auti & Ors. Vs. State of Maha. & Ors.)




None appears for the applicant. Smt. M.S. Patni,


2. At the request of learned P.O., S.O. to 7.1.2022 for

filing affidavit in reply of the respondents.

MEMBER (A)


ORIGINAL APPLICATION NO. 428/2020 (Bandu S. Bontalwar Vs. State of Maha. & Ors.)




Heard Smt. Vidya Taksal, learned Advocate holding

for Shri A.S. Deshmukh, learned Advocate for the applicant




filing affidavit in reply of the respondent no. 4. Interim

relief granted earlier to continue till then.

MEMBER (A)


ORIGINAL APPLICATION NO. 434/2020 (Mahesh D. Desai Vs. State of Maha. & Ors.)









filing affidavit in reply of the respondent no. 4. Interim

relief granted earlier to continue till then.

MEMBER (A)


ORIGINAL APPLICATION NO. 397/2021 (Abhijeet M. Bhise & Ors. Vs. State of Maha. & Ors.)






and Smt. M.S. Patni, learned Presenting Officer for the

respondents.


filing affidavit in reply of the respondents.

MEMBER (A)


ORIGINAL APPLICATION NO. 303/2020 (Sanjay D. Dongaonkar Vs. State of Maha. & Ors.)




Heard Shri P.N. Sonpethkar, learned Advocate for the

applicant and Shri N.U. Yadav, learned Presenting Officer


2. With consent of both the sides, S.O. to 21.12.2021.

MEMBER (A) ARJ ORAL ORDERS 23.11.2021

ORIGINAL APPLICATION NO. 1032/2019 (Sadashiv V. Rathod Vs. State of Maha. & Ors.)




None appears for the applicant. Shri S.K. Shirse,


2. In view of absence of applicant and his learned

Advocate, S.O. to 13.12.2021.

MEMBER (A)


C.P. 34/2019 IN O.A. 925/2017 (Mahadeo B. Khandare Vs. State of Maha. & Ors.)




Heard Shri Joslyn Menezes, learned Advocate holding

for Smt. Amruta Paranjape, learned Advocate for the


for the respondent nos. 1 & 2 and Shri A.R. Lukhe, learned

Advocate holding for Shri D.k. Rajput, learned Advocate for

respondent no. 4. None appears for respondent no. 3.


rejoinder affidavit. It is taken on record and copy thereof

has been supplied to other side.

3. S.O. to 4.1.2022.

MEMBER (A)


ORIGINAL APPLICATION NO. 670/2018 (Kishan A. Falke & Ors. Vs. State of Maha. & Ors.)




Heard Shri S.K. Sable, learned Advocate holding for

Shri R.I. Wakade, learned Advocate for the applicant and

Shri B.S. Deokar, learned Presenting Officer for the

respondents.

2. Shri Sable, learned Advocate holding for Shri

Wakade, learned Advocate for the applicant seeks time for

filing rejoinder affidavit. It appears from the record that

opportunity to file rejoinder affidavit was availed by the

applicant from 16.7.2019 onwards i.e. more than 2 years

ago and still rejoinder affidavit is awaited. However, in the

interest of justice, time is granted as a last chance for filing

rejoinder affidavit, with an understanding that if on the

next date the rejoinder affidavit is not filed by the

applicant, the matter will proceed without rejoinder

affidavit on record.

3. S.O. to 3.1.2022.

MEMBER (A)


O.A. NOS. 375, 376 & 418/2020 (Amol M. Naikwade & Ors. Vs. State of Maha. & Ors.)





for Shri A.S. Deshmukh, learned Advocate for the

applicants in all these 3 matters and S/shri V.R. Bhumkar,

M.P. Gude & Smt. Sanjivani Deshmukh Ghate, learned

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)


ORIGINAL APPLICATION NO. 184/2020 (Govardhan B. Kawale Vs. State of Maha. & Ors.)




Heard Shri V.V. Gujar, learned Advocate for the

applicant and Smt. M.S. Patni, learned Presenting Officer


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)


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

ORIGINAL APPLICATION NO. 872 OF 2018 (Arun M. Gir Vs ...

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