Dismissed

The State of Maharashtra, Thr. Secretary, Dairy Development Dept. Mumbai and Others v. Wasudeo Abaji Harshe

Bombay HC13 Jan 2020WP/8560/2019

Case brief

AI extract

What is this about?

The Writ Court found that there was no substance in the petitioner's grounds challenging the Maharashtra Administrative Tribunal's findings. Consequently, the Tribunal's order dismissing the termination petition was upheld, and the Writ Petition was dismissed.

What did the court decide?

Writ Petition dismissed upholding the Tribunal's order of compulsory retirement.

The State of Maharashtra, Thr. Secretary… — Pension and Retirement Benefits | Bombay HC (2020)

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1 24.WP8560.2019.odt

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

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WRIT PETITION NO.8560/2019

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The State of Maharashtra and others Vs. Wasudeo Abaji Harshe

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

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........................................................................................................................................…...
Shri N. R. Patil, Advocate for the petitioners.

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CORAM : R.K. DESHPANDE &

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A.S. CHANDURKAR, JJ. DATED : 13^th JANUARY, 2020.

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.In para 11 of the Judgment delivered by the
Maharashtra Administrative Tribunal, the findings are
recorded as under.

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“From the said order, it seems that
the respondents are also alleging that the
applicant was absent unauthorizedly from
09.09.2003 till passing of that order i.e. on
10.01.2007. However, that does not seems
to be a correct statement because as per
findings given by the Inquiry Officer, the
applicant was absent from 04.07.1997 to
09.09.2003, but said period was
regularised and therefore this charge no
more remains against the applicant. So far
as the applicant’s absence from 02.09.2003
till passing of the impugned order of
10.01.2007 is concerned, no departmental
inquiry was initiated against the applicant
for absence for this period and therefore
no order of termination can be issued on
the basis of charge that the applicant
remained absent without intimation from
09.09.2003 till 10.01.2007 without due
inquiry in this regard. This clearly shows
that the respondent no.3 i.e., the Regional

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2 24.WP8560.2019.odt

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Dairy Development Officer, Nagpur did not
apply his mind in the report given by the
Inquiry Officer and has issued the
impugned order holding the applicant
guilty for remaining absent unauthorizedly
for the period from 09.09.2003 till passing
of the order dated 10.01.2007 without
inquiry.”

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2.On the basis of such findings, relief is granted
of setting aside the order of termination dated 10.01.2007
and to treat the petitioner as compulsorily retired from the
said date.

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3.It is also directed that if the respondent is
entitled to pensionary benefits, in accordance with rules, the
steps to complete the formalities and release the pension
shall be taken within a period of three months.

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4.We do not find any substance in the ground of
challenges raised to the findings recorded in para 11.

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5. Writ Petition is dismissed.

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JUDGE JUDGE

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RGurnule

The State of Maharashtra, Thr. Secretary, Dairy Development Dept. Mumbai and Others v. Wasudeo Abaji Harshe

Case brief

What is this about?

What did the court decide?

The State of Maharashtra, Thr. Secretary, Dairy Development Dept. Mumbai and Others v. Wasudeo Abaji Harshe

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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