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2022 Supreme(Bom) 88

A.S.CHANDURKAR, G.A.SANAP
Ravindra Prasad Munneshwar Prasad – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms Kirti Satpute, Advocate
For the Respondent:Ms Neerja Choube, Advocate

JUDGMENT :

A. S. Chandurkar, J.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

The petitioner was appointed as Danger Building Worker (Semi skilled)-DBW (SS) in the Ordnance Factory, Chandrapur in 2003. He was thereafter promoted and while he was holding the post of DBW (HS)-II an offence under Section 419 read with Section 34 of the Indian Penal Code was registered against him. When the offence was registered the petitioner was placed under suspension by the order dated 12/11/2009. After Crime No.308/2009 was investigated, the petitioner was tried as accused No.7 by the learned Junior Magistrate (First Class), Bhadrawati in Regular Criminal Case No.93/2010. The learned Magistrate by his judgment dated 16/07/2014 was pleased to acquit the petitioner along with some other accused in the said trial. After his acquittal in the criminal case, the petitioner on 12/08/2014 issued a communication to the General Manager of the Ordnance Factory informing him of the fact of his acquittal and requested that his suspension be revoked. On 08/10/2014 the Competent Authority in exercise of power under Rule 10(5) (C) of the Central Civil Services (Classification,

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