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2010 Supreme(Bom) 925

B.R.GAVAI, S.V.GANGAPURWALA
Vijay S/o Shamrao Bhale – Appellant
Versus
Godavari Garments Ltd. – Respondent


Advocates Appeared:
For the Petitioner:M.D. Joshi, Advocate.
For the Respondents:R1, R.P. Powar, Advocate, K.B. Chuodhari, Addl.G.P.

Judgment :-

S.V. Gangapurwala, J.

The petitioner takes exception to the order of his removal dated 31/07/1996 passed by the Executive Director of the respondent No.1, thereby removing the petitioner from the service as Head Accountant with effect from 31/07/1996, and further prays for directing the respondents to take the petitioner on duty as Head Accountant with effect from 31/07/1996 along with salary, increments, back-wages and other benefits.

2. The petitioner at the relevant time was working as Head Accountant with the respondent No.1, departmental inquiry was initiated against one Shri P.S. Udawant, Shri N.L. Kundalikar a cashier and the petitioner on 27/03/1995 was issued the charge-sheet, as per the said charge-sheet, charge against petitioner was that the petitioner was guilty of dereliction of his duty by not verifying the character, honesty of Shri Kundalikar and intentionally committing breach of Rule 3 of the Maharashtra Civil Services (Discipline), Rules, 1976. The allegations against one Shri P.S. Udawant were of similar nature, whereas Shri Kundalikar was accused of mis-appropriating a sum of Rs. 5,86,016.37 paise. The petitioner filed reply to the charge-sheet de





























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