Petitioner sought direction to release pensionary benefits, contending departmental enquiry post-retirement was incompetent. Respondent stated enquiry was pending. Court held cause of action did not survive and disposed of the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
W.P.No.668 of 2008
(Madhav s/o. Ramchandra Bende .vs. Forest Development Corp. of Mah. Ltd. and anr.)
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram,
appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and Smt. Vasanti A. Naik, JJ. DATE : 2.5.2008.
Heard Mr. S.P.Palshikar, Adv. for the Petitioner and Mr.M.P.Badar, Special Counsel for the Respondents.
Counsel for the petitioner has submitted that the petitioner in the present Writ Petition is seeking direction to the respondent no.2 to release the pensionary benefits such as Gratuity, Group Insurance, Leave encashment etc. It is contended that the pensionary benefits were not released in view of pendency of departmental enquiry against the petitioner. It is further contended that the respondents are not competent to initiate departmental enquiry against the retired employee. Counsel for the petitioner has submitted that an objection about maintainability of departmental enquiry against the employee after retirement is already raised before the Enquiry Officer.
Mr.M.P.Badar, Special Counsel for the Forest Department/Respondents has submitted that the departmental
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enquiry is in progress and shall be completed within a period of one month from today. It is further contended that if the petitioner has raised objection about maintainability of the enquiry against him after retirement, the Enquiry Officer shall consider this aspect and record his finding.
In the backdrop of the above referred facts, the cause of action in the present Writ Petition at this stage does not survive. Hence, the same is disposed of accordingly.
JUDGE JUDGE
ssj
Madhav s/o. Ramchandra Bende
Forest Development Corp. of Mah. Ltd.
D.D.Sinha
Vasanti A. Naik
As recorded by the court registry
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