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2008 Supreme(Bom) 182

NARESH H.PATIL, P.R.BORKAR
Brijlal S/o Sadasukh Modani – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Shri. Shashikumar S. Choudhari, Advocate, with Shri.
A.N. Irpatgire, Advocate, for the petitioner.
Shri. V.B. Ghatge, Additional Public Prosecutor, for the respondents Nos.1 to 4.

JUDGMENT :

Per Naresh H Patil, J.

1. The petitioner questions legalityand maintainability of communication dated 10th November 2006 (Exhibit P-3) and communication dated 21st November 2006 (Exhibit P-5) made by the Deputy Superintendent of Anti Corruption Bureau, Osmanabad.

2. Briefly stated, the facts are :

3. According to the petitioner, he served in different capacities with the Osmanabad Janta Sahakari Bank Limited Osmanabad (for short, "the Bank") since 1972. As he completed 58 years of age he retired from the services of the Bank on or about 2nd June 2004. The Managing Committee of the Bank extended the services of the petitioner by two years. The petitioner would have retired on or about 2nd June 2006 after getting extension. But he was suffering from severe diabetes he requested the Managing Committee of the Bank to retire him after completion of one year of his extended period. Consequently, he retired from the serves of the Bank on or about 10th June 2005 and since then the petitioner is not in service of the Bank.

4. Initially, the petitioner was appointed as Accountant in the Bank in the year 1972. He was promoted to the post of the Ma


























































































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