Bhaurao Govind Bambode vs Forest Development Corporation ...
2021 Latest Caselaw 1969 Bom

                                       1                                ca 1344.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

         908 CIVIL APPLICATION NO.1344 OF 2021
                          IN
      REVIEW APPLICATION STAMP NO. 33446 OF 2019

                  BHAURAO GOVIND BAMBODE
                           VERSUS
   FOREST DEVELOPMENT CORPORATION OF MAHARASHTRA LTD
        THROUGH ITS MANAGING DIRECTOR AND OTHERS
                            ...
                 Advocate for Applicant:
          Mr. Karne G. J. and Mr. Kolhare S. R.
                            ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.

DATE: 29th JANUARY, 2021

PER COURT:

1. Mr. Karne, learned Counsel submits that in

the departmental enquiry the principles of natural

justice were not followed, the petitioner was not

provided opportunity of hearing, some of the

documents were also not provided to the Review

Applicant, all these aspects were not considered

while passing the judgment under Review. The

additional documents are also filed with the

present Review Application to substantiate the

contention of the present Review Applicant.

2 ca 1344.2021

2. The Court while passing the judgment under

review had considered that the Review Applicant

was not diligent in working as a Forest Guard

since he remained absent for more than four years

without giving any explanation in writing to the

department as to whether he was on leave or had

taken appropriate sanction before proceeding on

leave. He had also not participated in the

departmental proceedings. The Court also

considered that even after the order of

termination, he filed appeal against it after two

years. The petitioner approached this Court for

filing writ petition after 1 year and 7 months of

the dismissal of the appeal. The Court,

thereafter, confirmed the order of termination.

3. In view of the above, no case for review is

made out.

4. Review Application with Civil Application are

disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe