This court rejected a review application regarding service and employment. The court held that departmental proceedings initiated after the employee's superannuation are unsustainable.
Review application stands rejected as devoid of substance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
REVIEW APPLICATION NO. 64 OF 2014 IN
WRIT PETITION NO. 11441 OF 2010
The Head Master Sant Motiram Maharaj Vidyalaya
& another
.. APPLICANTS
VERSUS
Balaji Madhavrao Kure & others
.. RESPONDENTS
Mr. C. K. Shinde, advocate for applicants. Mr. K. G. Patil, AGP for the State.
Mr. S. S. Jadhavar, advocate for respondents.
=====
CORAM : R. M. BORDE & N. W. SAMBRE, JJ. DATE : 23rd APRIL, 2014.
PER COURT :
respondent – employee. Departmental enquiry is initiated only with serving
of statement of charges. It is also observed in the judgment delivered by us
that the order of suspension which preceded the date of super annuation
revappln64.14
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was not served upon the employee. Review applicant however controverts the contentions. Since, the departmental proceedings were initiation only after the date of super annuation of the employee, in our view, departmental proceedings are not sustainable. No interference is called for in the order passed by us on 26.02.2014. Review application is devoid of substance hence stands rejected.
( N. W. SAMBRE ) ( R. M. BORDE ) JUDGE JUDGE
dyb
1 issue framed by the court
Whether departmental proceedings initiated after the date of superannuation are sustainable.
The Head Master Sant Motiram Maharaj Vidyalaya & another
Balaji Madhavrao Kure & others
N. W. Sambre
R. M. Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
