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SCA/1585/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1585 of 2010
With
SPECIAL
CIVIL APPLICATION No. 1586 of 2010
=========================================================
J
N MAKWANA - Petitioner(s)
Versus
UNION
OF INDIA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NIKHIL KARIEL for MR TANNA for
Petitioner(s) : 1,
MS ROOPAL R PATEL for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 16/03/2010
COMMON
ORAL ORDER
(Per: HONOURABLE MS. JUSTICE
R.M.DOSHIT)
These
two petitions under Articles 226 and 227 of the Constitution have
been filed by two casual employees of the respondent Bharat
Sanchar Nigam Ltd. (hereinafter referred to as the BSNL )
against the common judgment and order dated 13th
November 2009 passed by the Central Administrative Tribunal,
Ahmedabad in Original Application Nos.410/2009 and 411/2009.
The
service of both these petitioners has been terminated on one month’s
notice by order dated 21st
January 2010 on the ground that while filling the requisite Form No.1
for regularization in service, the petitioners suppressed the factum
of criminal prosecution pending against each petitioner. The
challenge to the notice of termination before the learned
Tribunal has failed. Therefore, the present petitions.
After
arguing the matter, learned advocate Mr. Kariel states that the
petitioners have at all times admitted the mistake committed by them.
The petitioners shall tender apology for the mistake committed by
them to the BSNL and shall approach the BSNL for recall of the notice
of termination and for reinstatement in service.
Mr.
Kariel, therefore, seeks leave to withdraw these petitions.
Leave
is granted. Petitions are disposed of as withdrawn. Notice in each
petition is discharged. Ad-interim relief stands vacated.
It
is clarified that decision of the BSNL on the representation made by
the petitioners will be final and binding to the petitioners. In the
event the representations are rejected, that shall not give a fresh
cause of action to the petitioners.
The
Registry will maintain copy of this order in each petition.
(M.D.
Shah, J.) (Ms.R.M. Doshit, J.)
*menon
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