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2013 DIGILAW 1491 (MP)

Gulab Makode v. State of M. P.

2013-11-29

A.M.KHANWILKAR, AJIT SINGH

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JUDGMENT 1. Heard Counsel for the parties. As short question is involved in this appeal, it is taken up for final disposal forthwith, by consent. 2. This appeal takes exception to the decision of the learned Single Judge dated 24-9-2013 in W.P. No. 15339/13. The appellant, as also seventy other employees challenged similar show-cause notice issued to them by the same employer. Those writ petitions, admittedly, are still pending, inter alia W.P. No. 20473/12, and connected cases, in which interim order has been passed by Coordinate Bench on 6-12-12. Copy of the said order was placed on record by the appellant. Nevertheless, the learned Single Judge proceeded to dispose of the writ petition filed by this appellant in disregard of the pendency of other companion matters involving similar question. That cannot be countenance in view of the Apex Court decision in the case of Bir Bajrang Kumar vs. State of Bihar and others, AIR 1987 SC 1345 . 3. As a result, we set aside the impugned decision and relegate the parties before the learned Single Judge by restoring the writ petition to the file to its original number, to be heard along with companion writ petitions, list whereof shall be furnished by the Counsel appearing for the parties. 4. Registry shall ensure that all writ petitions are listed before one Bench for analogous hearing. Appeal disposed of. No order as to costs.