Dismissed

Dr. Mahadeo Prasad S/O Medhilal Passi v. Western Coal Fields Limited, through the Chairman Cum Managing Director and Another

Bombay HC17 Jan 2012WP/4303/2011

Case brief

AI extract

What is this about?

Petitioner, a superannuated senior citizen, sought regularization of his suspension period and release of back salary, subsistence allowance, and increments. This court rejected the petition, holding that the revocation of suspension order did not confer rights and the pending trial justified the denial of regularization.

What did the court decide?

Writ petition rejected; no regularization of suspension period or payment of difference in salary, subsistence allowance or increments granted.

Dr. Mahadeo Prasad S/O Medhilal Passi Vs… — Pension and Retirement Benefits | Bombay HC (2012)

¶1

1701wp4303.11

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR

¶4

WRIT PETITION NO. 4303 OF 2011

¶5

Dr. Mahadeo Prasad Medhilal Passi

¶6

Vs.

¶7

Western Coal Fields Ltd. thr Chairman cum Managing Director & Ano.

¶8

........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders

¶9

Shri R. N. Sen Adv for petitioner. Shri S. C. Mehadia Adv for respondents.

¶10

CORAM: B.P. DHARMADHIKARI & P.D. KODE JJ.

¶11

Petitioner is senior citizen and a trial for accepting bribe

¶12

of Rs. 5000/- is pending against him since 2006. He was suspended under Clause 24.3(i) of the Coal India Executive Conduct, Discipline & Appeal Rules 1978 as he was detained in police custody for more than 48 years. A departmental enquiry was also conducted. He was due for retirement on attaining age of superannuation on 30^th September 2007. In view of this retirement and, because of powers under Rule 26.1 suspension was revoked on 19^th September 2007 making it clear that revocation would not

¶13

1701wp4303.11

¶14

¶15

confer any right in relation to period of suspension or in matter connected therewith.

¶16

Present petition is filed contending that as petitioner has superannuated and all his retiral benefits are also released, the period of suspension needs to be regularized and difference in salary and subsistence allowance during the said period along with increments needs to be released.

¶17

Respondents are relying upon the order of revocation of suspension and provisions of Rule 26.1. It is contended by them that as Sessions Trial is still pending the period of suspension cannot be regularized. In the light of Scheme of Rule 26.1, we do not find anything wrong with it. Petitioner was made aware of this situation on 19^th September 2007 itself. The petitioner has received all other benefits except the difference for the period of suspension. The period of suspension appears to be from 16^th October 2006 till 19^th September 2007.

¶18

We, therefore, do not find any merit in the petition. Petition rejected. No costs.

¶19

JUDGE

¶20

JUDGE

¶21

svk

Dr. Mahadeo Prasad S/O Medhilal Passi v. Western Coal Fields Limited, through the Chairman Cum Managing Director and Another

Case brief

What is this about?

What did the court decide?

Dr. Mahadeo Prasad S/O Medhilal Passi v. Western Coal Fields Limited, through the Chairman Cum Managing Director and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Hotel Needos Pvt. Ltd, Thr. Its Managind Director Shri Rajeev Jaiswal Vs State of Maharashtra, through Ministry of Home and Another

Mushtaq Ahmed Quereshi S/O Abdul Rahman Quereshi and Anr. Vs the Municipal Corp. Amravati Thr Commissioner and Anr.

Vasant S/O Narayan Borkar and Oths Vs Bhandara Distt. Co-Op. Agri. Gramin Multipurpose Dev. Bank Ltd. Thr. Its Manager and Oths

Maharashtra Industrial Dev.Corpn. Vs Kailashchandra S/O Ratanlal Choudhary and Others.

Aakansha Pralhad Sidam Vs Maharashtra State Council of Examination, through Its President/Commissioner and 2 Others

Smt. Sheela Wd/O Ramesh Somnathe Vs the Chief Officer, Wardha Municipal Nagar Parishad and Anr.