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2013 Supreme(Bom) 2068

S.J.VAZIFDAR, K.R.SHRIRAM
Prakash Kondiba Gole – Appellant
Versus
Municipal Corporation of Greater – Respondent


Advocates Appeared:
For the Petitioner:Ms. Neeta Karnik, Advocate.
For the Respondents:A.Y. Sakhare, Senior Advocate a/w. Ms. Trupti Puranik for BMC.

JUDGMENT :

K.R. Shriram, J.

1. This is a case of an employee of Municipal Corporation, Greater Bombay Respondent No.1, who prays the suspension order against him be set aside and he be permitted to resume his duties.

2. The petitioner joined the Municipal Corporation, Greater Bombay-respondent No.1 sometime in February 1992 as Multipurpose Worker in Health Department. He was appointed as Junior Secretarial Assistant (Marathi) in the Municipal Secretary's Department in May 2000 and was appointed as Inspector for Shop and Establishment in S-Ward, Bhandup in March 2011. It is the case of the petitioner that the S-Ward covers a huge area where there are unbridled encroachment in the way of slums and unauthorised shops and in view of his taking action against these unauthorised slums/shops, he started receiving threats from two individuals - Arasu Gaudar and Ramesh Birwadkar (hereinafter referred to as 'the said Gaudar and Birwadkar). These two persons are alleged to be local goondas who act as agents/brokers for all those persons who are encroaching into municipal lands. Due to the continued threats and harassment from the said Gaudar and Birwadkar, the petitioner lodged complaint with





























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