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2023 Supreme(Bom) 454

S. V. GANGAPURWALA, SANDEEP V. MARNE
Swati Bhalchandra Nilegaonkar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajeet Manwani and Mr. Faisal Vora i/by. A & A Legal, Advocate
For the Respondent:Ms. Smita Thakur, Advocate

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule made returnable forthwith and with consent of the parties, Petition is taken out for final hearing.

2. Petitioner assails judgment and order dated 13.03.2019 passed by the Central Administrative Tribunal (Tribunal) in Original Application (O.A.) No. 172/2017. In her O.A., Petitioner had challenged order dated 6.02.2013 imposing the penalty of removal from service, as well as the order of the Appellate Authority dated 24.07.2015 rejecting the Appeal. By the judgment and order impugned in the present petition, the Tribunal has proceeded to dismiss the O.A.

3. Petitioner was working with Dr. Babasaheb Ambedkar Central Railway Hospital, Byculla on the post of Assistant Nursing Officer and had put in around 26 years of service. Petitioner decided to contest the Assembly Elections and accordingly tendered application dated 16.09.2009 for voluntary retirement. However, within a week of submission of application for voluntary retirement, she fled nomination form for contesting the Assembly elections on 24.09.2009. She went ahead and contested the Assembly Elections from Khed Alandi constituency held on 13.10.2009 without waiting for outcome of the

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