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Bombay High Court

The Union Of India Thr The Secretary ... vs Hemant Ashok Bhat, Principal ... on 17 June, 2019

Author: Vinay Joshi

Bench: Ravi K. Deshpande, Vinay Joshi

                                                                                                        45WP254.16 .odt
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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.
                                            Writ Petition No. 254/2016
                       (The Union of India & anr. Vs. Hemant Ashok Bhat & anr.)
-------------------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
-------------------------------------------------------------------------------------------------------------------------------
                 Shri U. Aurangabadkar, ASGI with S.A. Chaudhari, Advocate for petitioners.




                 CORAM : R. K. DESHPANDE &
                         VINAY JOSHI, JJ.

DATE : 17.06.2019.

The question of communication of adverse remarks to the employees was under consideration before the Central Administrative Tribunal at the instance of respondents/employees. The stand of the petitioner - Union of India referring the Officer Memorandum dated 24.04.2010 was that the the Government has taken conscious decision that A.C.Rs. Pertaining to the period prior to 2008-2009 to be communicated and that too for consideration promotion in future DPC. This aspect has been dealt with by the Central Administrative Tribunal in paragraph nos. 16, 17 and 18. Relying upon the decision of the Apex Court in case of Dev Dutta Vs. Union of India, reported in (2013) 9 SCC 566, the decision of the Apex Court is subsequent to this Office Memorandum and the aspect has been considered in paragraph No. 18.

In view of above, we do not find any reason to entertain this writ petition, hence, it is dismissed.

                                         JUDGE                                                         JUDGE
Gohane




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