Dismissed

Shri. Dattatray Ganpati Shinde v. the Superintending Engineer, Environmental Circle and Ors.

Bombay HC9 Sept 2014WP/11592/2012

Case brief

AI extract

What is this about?

The High Court of Bombay in civil appellate jurisdiction dismissed a writ petition challenging the dismissal of a former employee. The court held that no interference was warranted as the dismissal order in default remained unmodified or set aside.

What did the court decide?

Writ petition dismissed; no interference warranted with the dismissal order passed against the petitioner in default.

Shri. Dattatray Ganpati Shinde Vs the… — Pension and Retirement Benefits | Bombay HC (2014)

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15.wp.11592.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 11592 OF 2012

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Shri Dattatray G. Shinde ..Petitioner Vs. The Superintending Engineer and Anr ..Respondents

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Mr. Vinayak Kumbhar i/b Nitin Gangal, for the Petitioner. Mr. A. R. Pitale, for Respondent Nos.1 to 4. Mrs. Gauri Rao, AGP, for Respondent No.5.

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CORAM : NARESH H. PATIL & B. P. COLABAWALLA, JJ. DATE : SEPTEMBER 9, 2014.

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P. C.:

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The Petitioner was employed in Maharashtra Jivan Pradhikaran.

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He was prosecuted for an offence punishable under Sections 409 and 465 of Indian Penal Code.

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2 It is submitted that he was acquitted by the Trial Court on 3rd March 2007. The Appeal filed by the State against the order of acquittal came to be dismissed on 27th September, 2011, according to the learned counsel. In the mean while, the Respondent employer started departmental enquiry. It resulted in dismissal of the Petitioner from service. The departmental enquiry concluded in the year 1990 and the

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Aswale 1/2

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15.wp.11592.12

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Petitioner was dismissed from service on 26th March, 1990. The Petitioner challenged the dismissal order in the Labour Court. The counsel submits that the Labour Court partly allowed Complaint (ULP)No. 125 of 1990 on 6th October, 2003. The Respondent employer challenged the said judgment and order. The counsel submits that the Appeal was partly allowed and the matter was remanded back to the Labour Court.

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3 The learned counsel for the Respondent employer has placed before us a certified copy of the order passed by the Labour Court on 14.07.2005 dismissing the complaint in default. A copy of the said order is taken on record and marked as "X". The counsel further submits that the Petitioner's dismissal was the outcome of the departmental enquiry. The acquittal in the criminal trial was not the basis for dismissal.

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4 In view of the facts stated above and the order placed before us, we are of the view that no interference is warranted in the Writ Petition. Nothing is placed on record to demonstrate that the order of dismissal in default was modified, reviewed or set aside any time thereafter.

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5 The Writ Petition is, accordingly, dismissed.

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(B. P. COLABAWALLA, J. ) ( NARESH H. PATIL, J.)

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Shri. Dattatray Ganpati Shinde v. the Superintending Engineer, Environmental Circle and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Dattatray Ganpati Shinde v. the Superintending Engineer, Environmental Circle and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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