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2003 Supreme(Bom) 270

R.M.S.KHANDEPARKAR
Chairman/Secretary of Institute of Shri Acharya Ratna Deshbhushan Shikshan Prasarak Mandal & another – Appellant
Versus
Bhujgonda B. Patil – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard. Rule. By consent, the Rule is made returnable forthwith. Heard the learned Advocates for the parties. Perused the records.

2.The petitioners challenge the judgment and order dated 26th August, 2002 passed by the Presiding Officer, College Tribunal, Pune whereby the appeal filed by the respondent against the order of termination and imposition of punishment has been allowed and the said order passed by the Management on 29th May, 1999 has been set aside along with the findings recorded in the regular enquiry held preceding the said order and has further held that the respondent, having retired on attaining the age of superannuation, is entitled for all the benefits which a retired employee is entitled to under the provisions of law. The impugned order is sought to be challenged on the ground that the Tribunal has totally ignored the provisions of Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter called as "the Pension Rules") which, according to the petitioner, empower the management to hold disciplinary inquiry and impose punishment including reduction in the pension once such an inquiry had commenced by service of charge-shee































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