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2021 Supreme(Bom) 1004

K.K.TATED, ABHAY AHUJA
Sanjay G Gharat – Appellant
Versus
Kalyan Dombivali Municipal Corporation – Respondent


Advocates appeared:
G.S. Godbole, Advocate, Apoorv Singh, Advocate, A.S. Rao, Advocate, S.S. Panchpor, Advocate

JUDGMENT

Abhay Ahuja, J. - RULE. Rule made returnable forthwith. With the consent of the Counsel for the parties, the Petition is finally heard.

2. By this Petition filed under Article 226 of the Constitution of India,1950, Petitioner is challenging the suspension order dated 18th June, 2018 issued by Respondent No.1- Municipal Corporation, the General Body Resolution dated 7th July, 2018, the Resolution No.6 dated 20th June, 2019 and Notice of Departmental Inquiry dated 7th August, 2019. The Petitioner has prayed for the following reliefs:-

"(a) This Hon'ble Court may be pleased to issue writ of Mandamus or any other appropriate writ in the nature of Mandamus or any other appropriate Direction or Order thereby directing Respondent No.1- Corporation and its Municipal Commissioner to forthwith withdraw and/or cancel -

(i) the impugned Suspension Order dated 18 th June, 2018, (Exhibit U);

(ii) the impugned General Body Resolution dated 7 th July, 2018, (Exhibit V );

(iii) the impugned General Body Resolution No.6 dated 20 th June, 2019 (Exhibit Y); and

(iv) the impugned Notice of Departmental Inquiry dated 7 th August. 2019 (Exhibit Z).

(b) This Hon'ble Court may be pleased to issue a writ

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