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2016 Supreme(Bom) 910

RAVINDRA V.GHUGE
Kailash Bhaskarrao Deshmukh – Appellant
Versus
Aurangabad Zilla Parishad Karmachari Sahakari Patsanstha Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.A. Khande, Advocate.
For the Respondent:Mr. S.B. Kakade, Advocate.

JUDGMENT :

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

2. The petitioner is aggrieved by the order dated 27/10/2015 passed by the Respondent temporarily dismissing the petitioner pending disciplinary proceedings. He is also aggrieved by the order dated 19/05/2016 by which his appeal has been dismissed.

3. I have considered the extensive submissions of the learned Advocates.

4. A short issue has been raised for the consideration of this Court as to whether a delinquent employee can be 'temporarily dismissed' from service pending disciplinary proceedings for the period during which the enquiry is to be conducted.

5. I am astonished to note that, the respondent, by order dated 27/10/2015, has initiated a departmental enquiry against the petitioner by appointing an Auditor (Class-II), Co-operative Society (Consumer), Aurangabad as an Enquiry Officer and in the same order of appointing of an Enquiry Officer, the petitioner has been temporarily dismissed from service pending disciplinary proceedings. It is further observed that during this period of temporary dismissal, the petitioner will not be entitled for any wages or allowances or any remunera



















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