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2022 Supreme(Bom) 321

MANGESH S.PATIL
Tulshiram S/o. Kisan Tayade – Appellant
Versus
State of Maharashtra through Commissioner/Directorate – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.B. Bhapkar
For the Respondent: Mrs. D.S. Jape

JUDGMENT :

Heard. Rule. The Rule is made returnable forthwith. The learned AGP waives service for respondent Nos.1 and 2. At the request of both the sides, the matter is heard finally at the stage of admission.

2. The petitioner is invoking the powers of this Court under Article 226 and 227 of the Constitution of India while taking exception to the order dated 25.10.2017 passed by the respondent No.2 Collector terminating his services with the respondent No.3 Municipal Council, Bodwad from the post of clerk, by invoking the powers under Section 79 (1) read with Section 8 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter the Act) and Rule 5(8) of the Maharashtra Civil Services (Discipline and Appeal) Rules 1979. He is also challenging the order passed by the Director of Municipal Administration dated 29.09.2018 whereby his appeal preferred under Section 79 (6) of the Act has been dismissed.

3. The petitioner was initially appointed as a clerk in Gram Panchayat, Bodwad on 29.10.2004. By virtue of a notification issued by the State Government under the Act, the Gram Panchayat was transformed as a Municipal Council. Being an employee o

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