Union Of India, Thr. Secy., Dept. ... vs Pramod Ajabrao Shambharkar
2021 Latest Caselaw 13184 Bom

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

                        CIVIL WRIT PETITION NO.3483 OF 2021

   UNION OF INDIA, THR. SECY., DEPT. OF POSTS, MINISTRY OF COMM. AND INFO.
                          TECH., NEW DELHI AND ORS
                                       VS
                       PRAMOD AJABRAO SHAMBHARKAR
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions           Court's or Judge's orders.
and Registrar's Orders.
                            Ms. Mugdha Chandurkar, Advocate for petitioners


                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

                            DATE         : 15th SEPTEMBER, 2021.


                                         Heard.

2. The contention is that the Tribunal has ignored the fact that when the inquiry was conducted, the procedure was followed as prescribed under Office Memorandum dated 07.08.2009 and not as prescribed Office Memorandum dated 16.07.2015 and therefore, has erroneously come to the conclusion that no proper procedure was followed and as such the entire inquiry proceedings were vitiated. It is also submitted that in the inquiry report, it was specifically mentioned that neither the complainant nor the respondent delinquent officer asked for adducing evidence of any witnesses nor did they ask for confronting the witnesses, whose

8wp3483.2021.odt

evidence was recorded by the inquiry officer, which opportunity was provided to the respondent delinquent officer at the time of hearing, and these observations have also not been properly appreciated by the Tribunal.

3. Issue notice for final disposal at admission stage to the respondent, returnable after four weeks.

4. Meanwhile, having considered the submissions made across the bar, there shall be stay to the effect and operation of the part of the impugned judgment and order, which relates to imposition of cost of Rs.20,000/- upon petitioner No.3, until further orders.

                                           JUDGE                             JUDGE
nd.thawre