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2023 Supreme(Bom) 248

ROHIT B. DEO, ANIL L. PANSARE
Buddheshwar, S/o. Babulal Lilhare – Appellant
Versus
Maharashtra State Electricity Distribution Company through its Chief Engineer – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.G. Karmarkar.
For the Respondents: Mr. S.V. Purohit.

JUDGMENT :

(Rohit B. Deo, J.)

1. Rule. Rule made returnable forthwith.

2. The petitioner secured appointment as Peon on compassionate ground in view of the death in harness of his father, Mr. Babulal Lilhare, who was working with respondent 1 – Maharashtra State Electricity Distribution Company Limited (MSEDCL) as Lineman.

3. Condition 12 of the appointment order dated 6-10-2018 stipulates that the character and antecedents verification form included with the appointment order shall be filled in by the employee while reporting on duty and that if the verification reveals adverse character or antecedent, the employee shall be terminated. Column 11 of the attestation form reads thus :

    11.(a) Have you ever been arrested/prosecuted/kept under detention, or bound down/fined/convicted by a court of law for any offence or debarred/disqualified by any Public Service Commission from appearing at its examination/ selections or debarred from taking any examination/rusticated by any University or any other educational authority/institution ?

(b) Is any case pending against you in any court of law, University or any other educational authority/Institution at the time of filing up this attestatio

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