The Court reduced the penalty payable by the petitioner-ex-employee from Rs. 5,00,000 to Rs. 2,00,000 to ensure access to appeal. The impugned order is modified upon deposit within 4 weeks, otherwise confirmed.
Penalty reduced from Rs. 5,00,000 to Rs. 2,00,000; Rule made absolute with no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6265 OF 2009
M.K. Tikone .. Petitioner
V/s
The Union of India & Ors.
.. Respondents
Mr. V.N. Ansurkar with Mr. D.H. Nadkarni for the Petitioner.
Mr. A.S. Rao with Mr. Rohit Pardeshi for the respondents.
CORAM : F.I. REBELLO & D.G. KARNIK, JJ.
DATE : 22ND JULY 2009
P.C. :
considering the fact that the petitioner herein was an ex-employee and further that he should not be denied right to appeal and also considering that heavy penalty has been imposed against him, we reduce the amount of penalty from Rs.5,00,000/- to Rs.2,00,000/-. The said amount shall be deposited within 4 weeks from today. On such deposit, the impugned order
2
shall stand modified. On failure to deposit, the impugned order shall stand
confirmed.
(D.G. KARNIK, J.) (F.I. REBELLO, J.)
2 issues framed by the court
Whether the petitioner should be granted right of appeal after reduction of penalty.
Whether the amount of penalty imposed should be reduced.
M.K. Tikone
The Union of India & Ors.
D.G. KARNIK
F.I. REBELLO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
