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2006 Supreme(Bom) 777

F.I.REBELLO, ANOOP V.MOHTA
Sujata Kesharinath Sawe – Appellant
Versus
Maharashtara Pollution Control Board – Respondent


JUDGMENT : - The petitioner though presently under suspension is employed as Accounts Officer in the office of Respondent No.1. Respondent No.1 is a statutory Board established under the Water (Prevention and Control of Pollution) Act, 1974. The respondent No.2 is the Member Secretary/Respondent No.4 is the Chairman. By the present petition the petitioner has sought the following reliefs:

(a) to quash the order of suspension dated 15th December, 2005;

(b) to quash the Charge sheet dated 21st December, 2005;

(c) to quash and set aside the appointment of respondent No.3.

2. At the outset ";"e may point out that it will not be possible at this stage to grant the relief in terms of prayer, clause (b), as prima facie we are of the opinion that the charge sheet could have been issued based on the purported misconduct and it is for the Enquiry Officer to decide whether the charges as established or proved. In so far as prayer clause (c) is concerned we may further point out that the respondent No.3 has been appointed on an ad hoc basis. The petitioner who is in Accounts Department, is not eligible for consideration to the said post and consequently we need not address ourselves to that co





















































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