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2021 Supreme(Bom) 121

DIPANKAR DATTA, PUSHPA V.GANEDIWALA
Umesh Eknath Agalawe – Appellant
Versus
Bharat Heavy Electricals Limited Powers Sector – Respondent


Advocates Appeared:
For the Petitioner:S.S. Ghate, Advocate
For the Respondents:H.V. Thakur, Advocate

JUDGMENT :

Dipankar Datta, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel appearing for the parties.

2. The petitioner was employed by the Bharat Heavy Electricals Limited (hereinafter “BHEL”, for short) as an Engineer Trainee. Following disciplinary proceedings initiated against him, the petitioner was removed from service by an order dated 24/8/2017 passed by the Disciplinary Authority. The order of removal was carried in an appeal before the Appellate Authority; however, the appeal stood dismissed by an order dated 18/12/2017. Aggrieved by rejection of the appeal, thereby confirming the order of removal from service, the petitioner approached this Court seeking quashing of the orders of the Disciplinary Authority and the Appellate Authority dated 24/8/2017 and 18/12/2017, respectively. The petitioner, upon amendment of the writ petition, has also prayed for reinstatement, back wages and continuity in service.

3. The memorandum of charge-sheet dated 30/4/2016 drawn up against the petitioner contained the Article of Charge, at Annexure-I thereto, wherein it was alleged as follows :

    “Shri Umesh Eknath Agalawe, while working as Engineer Traine

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