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2022 Supreme(Bom) 1653

MANGESH S. PATIL, SANDEEP V. MARNE
Miss Kavita Bhagwat Marathe – Appellant
Versus
Maharashtra State Electricity Distribution Company Limited Through its Joint Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Shri Ajay S. Deshpande.
For the Respondents: Shri A. M. Gaikwad.

JUDGMENT :

(Sandeep V. Marne, J.) :

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. By the present petition, the petitioner challenges order dated 26.06.2018, by which penalty of dismissal from service is imposed upon her. She also challenges the orders rejecting first appeal, second appeal as well as mercy appeal passed on 07.07.2018, 29.10.2018 and 02.01.2019 respectively.

3. Petitioner, while working as a clerk, was issued with memorandum of charge sheet dated 18.12.2017 initiating disciplinary proceedings against her on the charge of abusing and assaulting Deputy Executive Engineer on 25.10.2017. It appears that before issuance of the memorandum of charge sheet dated 18.12.2017, a preliminary enquiry was conducted behind her back, in which statements of various witnesses were recorded. Such prerecorded statements were to be relied upon in the course of enquiry.

4. The enquiry was conducted only on one day i. e. 04.05.2018. Admittedly, not even single witness was summoned in the enquiry for deposition. Therefore, question of petitioner cross examining them did not arise. The enquiry officer took into consideration the prerecorded s

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