✦ Bombay High Court · 09 Mar 2007

Shri Suresh Bhujangrao Akkalkotkar v. The State of Maharashtra & Ors.

Writ Petition No. 7071 of 2006R M SAVANT, F I REBELLO, F I REBELLO R M SAVANT

Case at a glance

Provisions considered

Judgment

Shri Suresh Bhujangrao Akkalkotkar..Petitioner Versus The State of Maharashtra & Ors......Respondents Mr. Ajit Ram Pitale, for the Petitioner Mrs. M.P. Thakur, AGP for respondents. CORAM : F.I.F.I. CORAM : REBELLO & F.I. REBELLO & CORAM : REBELLO & R.M.SAVANT, JJ. R.M.SAVANT, JJ. R.M.SAVANT, JJ. DATED : 9TH MARCH, 2007 DATED : 9TH MARCH, 2007. DATED : 9TH MARCH, 2007 P.C. P.C.P.C. . The only contention raised by the petitioner is that the inquiry was not instituted before retirement and consequently provisions of Rule 27(2) and (3) of M.C.S. Pension Rules 1982 will apply. In the instant case we find that the Charge Sheet was served on 13th April, 1999. He retired on 31st October, 2000. Therefore, what would be applicable is Rule 27(2)(a). Once that be the case the only contention urged on behalf of the petitioner that the enquiry was not instituted before retirement must be rejected. It may be pointed out that the contention of the petitioner is that mere service of charge sheet is not sufficient. We beg to defer. Once the charge sheet is served then on the basis of the charge sheet the enquiry is initiated. Hence no interference is called for with the impugned order of the tribunal. Petition rejected. F.I.REBELLO, J) (F.I.REBELLO F.I.REBELLO R.M.SAVANT,J.) (R.M.SAVANT,J R.M.SAVANT,J

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908.

Which court decided this case, and when?

Bombay High Court, on 09 Mar 2007. The bench was R M SAVANT, F I REBELLO, F I REBELLO R M SAVANT.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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