Dr. Rajni Pawar vs The State Of Maharashtra, Thr. Its ...
2022 Latest Caselaw 908 Bom

                                                                                                1                                             W.P.No.170.2022


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                                WRIT PETITION NO. 170 OF 2022

                                Dr. Rajni Surajsingh Pawar,
                                           ..VS..
          The State of Maharashtra through its Secretary, Public Health Department,
                                    Mantralaya, Mumbai.
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Ms Apurva D. Kolhe, Advocate for the petitioner.
                                               Shri N. S. Rao, A.G.P. for the respondent.


                                                             CORAM : SUNIL B. SHUKRE AND
                                                                     G. A. SANAP, JJ.

DATED : 25.01.2022

1. Hearing is conducted through Video Conferencing and all the learned Advocates agreed that the audio and visual quality was proper.

2. Heard.

3. The contention is that once an appeal against the judgment of conviction and sentencing has been filed, there was no propriety for the respondent to impose punishment of forfeiture of 2/3rd amount of the pension payable to the petitioner by invoking the provisions of Rule 27 of the Maharashtra Civil Services (Pension) Rules, 1982, inasmuch as, no opportunity of hearing as required under Rule 13 of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 has been

afforded to the petitioner before the impugned order was passed by the respondent.

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

5. Shri N. S. Rao, learned A.G.P. waives service of notice for the respondent.

6. At this stage, we are not considering grant of any interim relief in view of the fact that conviction of the appellant has not been stayed by the learned Single Judge while admitting his appeal bearing Criminal Appeal No. 325 of 2014.

                                    JUDGE                    JUDGE




          Kirtak




Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:25.01.2022
16:19