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2013 Supreme(Bom) 1624

A.H.JOSHI, SUNIL P.DESHMUKH
Suresh – Appellant
Versus
Secretary, Public Works Department – Respondent


Advocates Appeared:
For the Petitioner: Suresh Gangadhar Dharasurkar, In person.
For the Respondents: R1 to R3, K.J. Ghute Patil, AGP.

JUDGMENT

Oral Judgment: (A.H. Joshi, J.)

1. Rule. Rule made returnable forthwith and heard finally by consent.

2. Petitioner has prayed for following reliefs in the present petition –

“(A) To set aside the decision of the Respondent No.1 dated 28.11.2011 in deciding the representation dated 14/7/2011 (Exh.I)

(B) To decide the representations dated 14/7/2012, 17/1/2012, 23/10/2012 and 27/10/2012 as early as possible and reduce the punishment from removal to reversion and grant all consequential reliefs such as pensioner benefits, annual increments by treating the Petitioner as if he was in service.

(C) To draw an adverse inference against the Respondent No.1 as per provisions of section 115 of Evidence Act for failure of Government in providing copies of relied documents and documentary evidence in support of enhancement of punishment from reversion to removal etc.

(D) To order the Respondent No.1 to sanction Rs. 5 Lakhs as per application dt. 29/1/12 (Exh. D) dt. 29/11/12 as early as possible as advance pending decision of the representations dt. 14/7/2012, 17/1/2012, 23/10/2012 and 27/10/2012 (out of 27 Lakhs reduced / recovered illegally from pension of the petitioner because of r









































































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