Govind vs Maharashtra State Textile ...
2017 Latest Caselaw 5024 Bom

                                                                                                   wp.1041.04

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR.

                              WRIT PETITION NO. 1041/2004 

         Govind s/o Keshraorao Kapte
         Aged about 61 years, occu: Retired 
         R/o  "Shree" 1-Pendsey Layout 
         Chhatrapatinagar, Nagpur 440 015.                                              ..PETITIONER

                        VERSUS

1)       Maharashtra  State  Textile Corporation Ltd.
         33-A lotus House 
         Sir Vithaldas  Thackaracy Marg 
         Mumbai-400 020.
         Through its Managing Director 

2)       Company Secretary 
         Maharashtra State Textile Corporation Ltd. 
         33-A Lotus House 
         Sir Vithaldas Thackarcy Marg 
         Mumbai 400 020. 

3)       Manager, ( P & A)
         Maharashtra State  Textile Corporation ltd. 
         33-A Lotus House 
         Sir Vithaldas Thackarcy Marg 
         Mumbai 400 020. 

4)        Regional Provident  Fund commissioner
          132, Ridge  Road 
          Tukdoji Maharaj Chowk 
          Raghuji Nagar, Nagpur  440 009.                                 ..RESPONDENTS
                                                                                                     . 
...................................................................................................................
                            Mr. J.L.Bhoot, Advocate for petitioner 
               Mr. R.B. Puranik, Advocate for Respondent nos.1  to 3 
                    Mrs. U.R.Tanna, Advocate for  respondent no.4 
...................................................................................................................




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                                        CORAM :  R.K. DESHPANDE &
                                                         MRS.SWAPNA JOSHI, JJ.

                                        DATED :    25       th
                                                               July, 2017
                                                                         

ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)

The only question in the present case is, whether the

imposition of minor punishment of suspension without wages/salary

for the period of four days from 7.7.2003 to 10.7.2003 is justified or

not.

2. The only charge proved against the petitioner is that he had

sent indents for purchase of spares for Auto Coners machines required

for original equipments manufacturing from M/s Schlafhorst, but the

material received was from M/s Gheewala and Company. The petitioner

did not raise any objection but utilized the said material.

3. The charge of conspiracy or collusion with other officers in

placing the order with M/s Gheewala and Company has not been

established. The petitioner rendered unblemished service till the date of

his superannuation on 30.5.2002 and in the absence of there being such

instructions to record objection, the petitioner could not have been held

guilty of the charge.

wp.1041.04

4. In view of the above, we allow this Writ Petition and quash

and set aside the order of punishment dated 3.7.2002.

5. Rule is made absolute in the aforesaid terms. No order as to

costs.

                         JUDGE                       JUDGE

sahare