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2022 Supreme(Bom) 407

M.S.SONAK, R.N.LADDHA
Leelamrut s/o. Narayan Karoo – Appellant
Versus
Mormugao Port Trust, through its Chairman and Competent Authority – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sachin Khati, with Mr. P.K. Dhomne and Mr. Narayan Govekar, Advocates
For the Respondent:Mr. Y.V. Nadkarni, Advocate

JUDGMENT :

M.S. Sonak, J.

1. Heard Mr. Sachin Khate for the Petitioners in both these Petitions and Mr. Y.V. Nadkarni for the Respondents.

2. The learned Counsel for the parties states that common issues of law and fact arise in both these Petitions and, therefore, both these Petfitions can be disposed of by a common Judgment and Order by treating Writ Petition No.235/2021 as the lead Petition. Mr. Y.V. Nadkarni pointed out that there may be some differences in the dates of appointment, superannuation, etc. However, he submitted that such differences do not render the material facts in both the Petitions significantly different. Based on these submissions, we proceed to dispose of both these Petitions by a common Judgment and Order by treating Writ Petition No.235/2021 as the lead Petition.

3. The challenge in this lead Petition is basically to the impugned order dated 18/11/2020, by which the Respondents have imposed a penalty of permanent withdrawal of full pension sanctioned to the Petitioner on his retirement from services of the Mormugao Port Trust (MPT), as Assistant Materials Manager, with effect from 31/8/2015. The impugned order, however, provides that there would be no recove

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