within a period of 45 days in terms of Rule 402.
21. Rule 402 of the Rules of 2000 provides as to what considerations ... Rule 402 (c)(ii)
of Officers Services Manual 2000, for initiation of major penalty proceedings.
The Appellate Authority, on perusal of the Rule 402, appears
grant has not in the meantime been issued."
Then comes Rule 402 which provides that the affidavit to be filed in support ... Rules 402 nor 403 provides anything contrary to the above proposition. It support of this submission he also referred to Rule 397. That Rule provides
filing of the caveat dated 27th January, 2011 as per Rule 402 of
said Rules. Today, the record shows that affidavit in support ... affidavit in support of the caveat as per the provisions of Rule 402
of the said Rules and therefore that caveat also cannot be treated
entitled to file caveat
under Rule 401 and affidavit in support of caveat under Rule 402 of the Bombay
High Court Original Side Rules ... support of caveat under
Rule 402 of the Bombay High Court (Original Side) Rules. Perusal of Rule 402
of the Bombay High Court (Original Side
respondents be directed to offer him appointment afresh in view of Rule 402 of the Railway Establishment Code Vol. I and release the arrears with ... Rule 402 for re-employment, no such bar is stipulated.
8. The main argument of the applicant is that since under Rule 402, an authority
eight days of filing of the said caveat as
provided in Rule 402 of the Bombay High Court (Original Side) Rules, 1980. On
10th April ... served with citation. Affidavit in support of caveat filed under Rule 402 has to be
treated as written statement. Rules 397, 399 , 401 and 402
under the Bombay High (Original
Side) Rules, 1980. This clear from a reading of Rule 401 & 402, was
the submission. Since the Caveat filed ... Kapadia was that
assuming the Caveat was correctly filed under Rule 401, then, Rule
402 contemplates that a copy of the affidavit in support
noted that Rule 401 of the Bombay High
Court (Original Side) Rules (hereinafter referred to as the said
Rules) provides Form 116 for filing ... filing of
the caveat dated 27th January, 2011 as per Rule 402 of said
Rules. Today, the record shows that affidavit in support
perusal of Rule 402, it is clear that an affidavit in support of
caveat shall be filed within eight days from the date of filing ... 402 is
mandatory.
4. Since there was no application for condonation of delay in filing
affidavit in support of caveat, in my view, Rule 402
days under Rule 402 of the
Bombay High Court, Original Side, Rules. It is provided in Rule 402 of
the Bombay High Court, Original Side ... support within the period of eight days, as provided under Rule 402 of the
Bombay High Court, Original Side, Rules and the objections have been
