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2023 Supreme(Bom) 1565

A. S. CHANDURKAR, FIRDOSH P. POONIWALLA
Pratapsinh Kedar Patil – Appellant
Versus
Chief Exec Officer, MIDC, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sanjiv Sawant, Abhishek Matkar, Bhakti Wast.
For the Respondent: Akshya S. Karle.

JUDGMENT :

FIRDOSH P. POONIWALLA, J.

1. RULE. Rule made returnable forthwith and heard finally by consent of the parties.

2. By this Petition, the Petitioner challenges an Office Order dated 30th December, 2022 (Ex. ‘F’ to the Petition) to the extent that it contemplates initiation of enquiry against the Petitioner and also seeks an order for release of retiral benefits of the Petitioner.

3. By an Office Order dated 26th July, 1989, the Petitioner was appointed to the post of Assistant Engineer Grade-I with MIDC.

4. In 2002, the Petitioner was promoted to the post of Deputy Engineer. During his tenure, the Petitioner was also posted at MIDC, Sinnar, Sub-Division. Thereafter, vide Office Order dated 31st January, 2006, the Petitioner was transferred to the Dhule Sub-Division.

5. After having served for more than 33 years, the Petitioner was relieved from his duties on account of superannuation w.e.f. 30th December, 2022. This was communicated to the Petitioner by an Office Order dated 30th December, 2022 (Ex. ‘C’ to the Petition). At the time of superannuation, the Petitioner was working on the post of Executive Engineer in the office of the Chief Engineer, MIDC Headquarters, Pune.

6. Sinc

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