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2006 Supreme(Bom) 1748

A.B.CHAUDHARI, V.C.DAGA
PRAKASH BALWANTRAO DETHE – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

A. B. CHAUDHARI, J. :- By the present writ petition, the petitioner has challenged the order dated 10-12-2002 passed by the respondent No. 1 terminating his services as Commandant, Home Guards, Yavatmal.

Facts

2. The petitioner avers in his petition that he was appointed initially in the year 1986 as District Commandant, Home Guards, Yavatmal and subsequently by the order dated 5-1-1999 he was again appointed as District Commandant for a period of five years. The petitioner then states that the respondent No.1 issued an order on 10-12-2002 terminating the services of the petitioner as District Commandant, Home Guards, Yavatmal, by giving him one month's notice. The precise challenge to the said order of termination raised by the petitioner was that the principles of natural justice were not followed before dispensing with the services of the petitioner, inasmuch as neither any show cause notice was issued to him nor any personal hearing was granted before taking the impugned action.

3. The respondent No.1 has filed reply-affidavit and stated that during the inspection of the office of the District Commandant, Home Guards, Yavatmal, by the audit party on 12-7-2002, shortage
































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