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2013 Supreme(Bom) 1998

A.S.OKA, G.S.PATEL
Manohar B. Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Rahul L. Nerlekar, Advocate.
For the Respondents:R1 & R2, Ms. S.S. Bhende, AGP, R3 & R4, A.K. Jalisatgi, Advocate.

JUDGMENT :

A.S. Oka, J.

1. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner has taken an exception to the chargesheet dated 7th September 2011. The Petitioner was in the employment of the Maharashtra Animal and Fishery Sciences University. While the Petitioner was head of the department, he applied for voluntary retirement. The Petitioner was relieved from the employment on 30th April 2010. By a notice dated 19th March 2011, the Registrar of the University called upon the Petitioner to show cause as to why an action should not be initiated against him for the purposes of withholding or reducing retirement benefits or pension. The Petitioner was served with the charge sheet dated 7th September 2011. The Petitioner replied to the charge sheet. The first prayer in the Petition is for quashing and setting aside the charge sheet. The second prayer is for issuing a writ of mandamus directing the Respondents to release gratuity, pension and other retirement dues of the Petitioner with 12% compound interest thereon.

2. The 4th Respondent filed a reply contending that the Maharashtra Civil Services (Pension) Rules, 1982 (for short “Pension Rules”) are app




















































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