Bombay High Court
Dilip Punja Kasabe vs The State Of Maharashtra And Others on 2 November, 2020
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 WP 7352.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
55 WRIT PETITION NO.7352 OF 2020
DILIP PUNJA KASABE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. Nangare Prashant R.
AGP for Respondents : Mr. B V Virdhe
...
CORAM : V.K. JADHAV, J.
Dated: November 02, 2020 ...
PER COURT :-
1. Learned counsel for the petitioner submits that during pendency of appeal no.4 of 2016, the petitioner retired on attending the age superannuation and though the learned Presiding Offcer, School Tribunal, Solapur set aside the termination order dated 18.1.2016 terminating the services of the present petitioner, further directed the respondent-Management to hold meeting of the inquiry committee from the stage of receipt of the explanation of the appellant to the summary of proceedings prior intimation to the inquiry committee members and the appellant in writing and inquiry committee shall complete the procedure of aaa/-
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2 WP 7352.2020.odt inquiry and communicate its combined fndings in terms of the observations made in the judgment to the Management in terms of Rules 37 (6) of the M.E.P.S. (C.S.) Rules, 1981 and shall complete the procedure of the above said inquiry within a period of six months after expiry of the appeal period.
2. Learned counsel submits that the Tribunal has not considered that after retirement, on attaining the age of superannuation, the said inquiry could not have been continued against the petitioner. Learned counsel for the petitioner thus placed his reliance on a judgment in case of Shah Babu Education Society and another Vs. Presiding Offcer and another reported in 2007 (Supp) Bom.C.R. 711, particularly, on paragraph nos. 10, 11 and 13. On perusal of the said judgment, particularly, paragraph nos.10, 11 and 13, the provisions of MEPS Act and MEPS Rules do not enable the employer to continue with the departmental inquiry after superannuation.
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3 WP 7352.2020.odt
3. In view of the same, issue notice to the respondents, returnable on 8.1.2021. Till the next date of hearing, interim stay in terms of prayer clause "D".
( V.K. JADHAV, J. ) ...
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