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2015 Supreme(Bom) 568

NARESH H.PATIL, A.S.GADKARI
Rajesh Murlidhar Nikam Deputy Director (Administration and Finance) – Appellant
Versus
Union of India Through the Director General (Chairman) Bureau of Indian Standard – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Vicky A. Nagrani, Advocate
For the Respondents:R1 to R3, Vinod Joshi, Advocate

JUDGMENT:-

NareshH. Patil, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. The petitioner's contention is that he was appointed on probation for a period of two years on 30th August, 2012 on the post of Dy. Director, (Administration and Finance) by the respondents 1 and 2.

3. An exhibition was organized by Grahak Panchayat at Goregaon between the period 28th September, 2013 to 30th September, 2013. The petitioner was deputed to attend the said exhibition at Goregaon. He was entitled to claim TA in respect of his expenses incurred on traveling starting from his home and ending upto his home, since the same being official holiday in the department of Bureau of Indian Standard. From 28th September, 2013 he was deputed to attend office and then attend the exhibition center. The petitioner had put in six months service but on 16th April, 2014 he received a memo alleging that (i) he had submitted a false TA/DA claim despite using his staff car vehicle on 28th September, 2013. (ii) he lacks confidence (iii) his performance has not been proved. The petitioner was asked to submit a reply within 10 days from the date of receipt of the memo. On 9th May, 20

































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