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2019 Supreme(Bom) 75

N.J.JAMADAR, B.R.GAVAI
Manik Abaso Jadhav – Appellant
Versus
Mira Bhayandar Municipal Corporation, at Bhayandar, District Thane – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N.V. Bandiwadekar, Mr. Vinayak Kumbhar
For the Respondents: Mr. A.K. Jalisatgi, Mr. V.U. Jagdale, A.B. Desai, Mr. Y.S. Khochare

JUDGMENT :

B.R. Gavai, J.

1. Rule. Rule is made returnable forthwith. Respondents waive service. Heard by consent of parties.

2. Petitioner has approached this Court being aggrieved by the order dated 09/01/2014 vide which a minor penalty has been imposed on the Petitioner, thereby withholding one increment without having cumulative effect.

3. Heard Mr. Bandiwadekar, the learned Counsel appearing on behalf of the Petitioner and Mr. Jalisatgi, learned counsel appearing on behalf of Respondent Nos. 1 and 2.

4. Petitioner was appointed as Food Inspector with Respondent No.1 – Corporation. Petitioner was directed to perform his duty as per the provisions of the Food Adulteration (Prevention) Act, 1954 under the supervision of Respondent No.2. However, subsequently, designation of the “Food Inspector” came to be changed as “Food Safety Officer” and they came under the administrative control of the Food Safety Commissioner.

5. Petitioner was served with show cause notice dated 11/10/2013, asking upon him to show cause, as to why action be not taken against him for various misconducts. Petitioner replied to the said show cause notice on 14/10/2013. However, Respondent No.2 was not satisfied wit








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