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1983 Supreme(Bom) 106

V.S.KOTWAL
Pune Municipal Corporation – Appellant
Versus
Keshav Ganpat Bhise & another – Respondent


JUDGMENT - V.S. KOTWAL, J.:---After facing a departmental enquiry and getting himself exonerated, further proceeding has been initiated by the respondent herein for the recovery of certain amount pertaining to the period of suspension. The respondent was employed by the petitioner-Corporation on April 14, 1969 in the capacity as a Mixer Driver in Roads Division. On account of certain allegations about the misconduct on his part, with which we are not much concerned in this proceeding, he was suspended as and from January 16, 1978, in pursuance of the directions to hold departmental enquiry. The Enquiry Officer was appointed as late as on 1st July, 1978. Show-cause notice was issued on 31st January, 1979. The enquiry was concluded in due course when the respondent, the alleged delinquent was exonerated of all charges. In pursuance of this order he was directed on 7th March, 1979 to resume duties as the stigma was wiped out. He actually resumed the duty as and from 13th March, 1979. He was paid 50% of the wages as the subsistence allowance in accordance with Rule 58 of the suspension period between 17th January, 1978 and 13th March, 1979.

2. However, being dissatisfied with the said














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