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2022 Supreme(Bom) 381

R.D.DHANUKA, ABHAY AHUJA
Dipak Vishwnathrao Muley – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Laxman S. Deshmukh.
For the Respondents: Mr. N.C. Walimbe, Mr. Vikram N. Walawalkar.

JUDGMENT :

ABHAY AHUJA, J.

1. Rule. Learned Counsel for the parties waive service of notice. With the consent of the counsel for the parties, rule made returnable forthwith and heard finally.

2. By this petition, filed under Article 226 of the Constitution of India, Petitioner is challenging the charge-sheet dated 28th August, 2018 issued by Respondent No. 2-university as well as the departmental enquiry proceedings and also seeking directions for release of post retirement benefits including pension and gratuity with effect from 1st January, 2018.

3. Brief facts leading upto the petition are as under:

    (a) Petitioner having acquired M. Sc. and Ph. D (Zoology) qualification was appointed by Shivaji University, Kolhapur, to the post of lecturer with effect from 3rd December, 1987. He was promoted to the post of Reader in the year 1997 and then to the post of Professor with effect from 3rd December 2007.

(b) Thereafter, Dr. Babasaheb Ambedkar Marathwada University at Aurangabad appointed Petitioner to the post of Registrar with effect from 25th March, 2008.

(c) In the month of March, 2010 after completion of two years as Registrar, Petitioner was repatriated to his original post of Professor

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