The Bombay HC directed its registry to be placed before the Chief Justice, who has spontaneously pleaded about the alleged custodial death of Antop Hill resident Vijay Singh at Wadala TT police station.
Advocate Devendra Shah along with advocate Arvind Tiwari handed over the letter to the retired Justice Kamal Kishore Tateed in the Chambers. The letter urged HC to appoint a committee headed by a retired HC judge to investigate the incident. The letter urged HC "to protect Maharashtra's fundamental rights guaranteed by the Constitution of India under Article 21 (Right to Life) and to enable Maharashtra to fall below the number one state in constitutional deaths" Take suo motu cognizance to pass the writ. "in-country".
Custody deaths are probably one of the worst crimes in a civilized society run by the rule of law. Justice Tete told Tiwari that since the matter comes under the purview of the Chief Justice, he will refer the matter to him. He then directed the HC Registry to place it before the CJ for proper instructions.
This has been well decided by the Supreme Court (SC) in the case of P.D. Agarwal v. State of UP that the seniority of Assistant Engineer will be either temporary or permanent post from the date of his permanent appointment. The petitioner never joined the Public Works Department as an engineer, as the Irrigation Department appointed him. The petitioner was elected by the Public Service Commission for the year 1977 to the Irrigation Department and not to the Department of Public Works.
The appellant, in this case, cannot be absolved, as he was selected through the Joint Selection Examination of 1962 and was not given consent by the Irrigation Department because of his requirement in that department. It is a well-intended proposition of law as held in the case of direct recruitment that once the question of seniority has been dealt with by the utterance of the court, it cannot be unresolved. Therefore this court is not inclined to open Pandora's box of seniority again and again. The petitioner will only assume his seniority from the day he becomes a member of the service in pursuance of the selection made by the Public Service Commission in the Public Service Department. He cannot calculate the period of service that he performed in the irrigation department.
The writ petition is devoid of merit; it is accordingly dismissed.
By this miscellaneous civil application under section 24 of the Code of Civil Procedure, the applicant wife Hindu Marriage Petition no. 593 Defendant husband of 2018 filed for divorce under Section 26 and Section 26 of the Hindu Marriage Act, 1955, before the Civil Judge, Senior Division, Thane, in Civil Judge, Senior Division, Pimpri, District Pune.
Learned counsellors for the respondent are, at present, working in a courier in Mumbai, therefore, if they are transferred from Thane to Pune, and, therefore, it is difficult to take leave on each date with no substance in the present civil miscellaneous required to be dismissed with an application, and costs.
Miscellaneous civil applications are disposed of accordingly. No order as to costs. Liberty has been granted to apply for early hearing in Pune.
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