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2023 Supreme(Bom) 483

NITIN JAMDAR, SANDEEP V. MARNE
Sachin Namdev Wadgaye – Appellant
Versus
Maharashtra Housing area and Development Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. V. Anturkar, Senior Counsel a/w. Mr. Piyush Shah & Mr. Jay Vora
For the Respondent: Mr. P. G. Lad a/w. Ms. Sayli Apte, Shrya Shah for (MHADA), Mr. Shailesh Naidu i/b. Mr. S. N. Biradar

JUDGMENT :

Sandeep V. Marne, J.

Rule. Rule is made returnable forthwith. With the consent of parties, petition is taken up for final hearing.

2. Petitioner has filed present petition challenging order dated 27 August 2021 promoting Respondent No.3 to the post of Information and Communication Technology Officer. Petitioner seeks his own promotion to that post in place of Respondent No.3. He also seeks a direction to call for records relating to involvement of Respondent No.3 in respect of alleged fabrication of tender for renewal of Oracle license to LDS Infotech Pvt. Ltd. as well as report submitted by the Vigilance Committee on 29 January 2020. He also challenges the recruitment rules to the extent of prescription of Decree in Management as qualification for promotion to the post of Information and Communication Technology Officer.

3. Briefly stated, facts of the case are that Petitioner has been working on the post of Information and Communication Technology Officer (ICT Officer) since 3 May 2012. Respondent No.3 came to be appointed on the post of ICT Officer w.e.f. 23 July 2012

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