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2006 Supreme(Guj) 292

M.S.SHAH, H.N.DEVANI
MOHAN V. PEDNEKAR – Appellant
Versus
EXECUTIVE DIRECTOR (H. R. ),Indian OIL CORPORATION LTD. – Respondent


Advocates Appeared: Bhushan B.Oza, E.SHAILAJAA, MANISH R.BHATT

M. S. SHAH, J.

( 1 ) ADMIT. With the consent of the learned Counsel for the parties, the appeal is taken up for final disposal today.

( 2 ) THIS appeal is directed against the order dated 28-4-2006 by which the learned single Judge dismissed the writ petition of the appellant herein (challenging the order of penalty in a departmental proceedings) as not maintainable on the ground of want of territorial jurisdiction of this Court.

( 3 ) THE appellant (hereinafter referred to as "the petitioner") is an employee of the Indian Oil Corporation Ltd. , the respondent-company with its Head office at Mumbai and was serving at the relevant time at Mumbai where the alleged misconduct took place. When the charge-sheet dated 1-12-2003 was issued by respondent No. 2 (the disciplinary authority at Mumbai), the petitioner was rendering his services at Mumbai. After the departmental inquiry was concluded by the Inquiry Officer, but before the disciplinary authority passed the order of penalty, the petitioner came to be transferred to Ahmedabad in may, 2005. Ultimately, the disciplinary authority, respondent No. 2 herein, general Manager (HR) of the respondent-company at Mumbai passed the penalty or






















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