Ramesh S/O Timaji Masram vs Zilla Parishad Wardha Thr. Chief ...
2023 Latest Caselaw 8825 Bom

2023:BHC-NAG:12888-DB




                                                   1                    wp1073.2023

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

                              WRIT PETITION NO.1073/2023

              Ramesh S/o Timaji Masram,
              aged about 71 Yrs., Occ. Nil,
              R/o Karanja Ghadge, Taluka Karanja,
              District Wardha.                                  ...    Petitioner
                     - Versus -
              1.   Zilla Parishad, Wardha,
                   through its Chief Executive Officer,
                   Wardha.

              2.   Panchayat Samiti Karanja,
                   through Block Development Officer,
                   Karanja, District Wardha.                    ...   Respondents
                           -----------------
              Mr. A.M. Sudame, Counsel for the Petitioner.
              Mr. D.R. Bhoyar, Counsel for Respondent Nos.1 and 2.
                         ----------------


              CORAM: A.S. CHANDURKAR & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 29.8.2023

ORAL JUDGMENT (Per A.S. Chandurkar, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

2 wp1073.2023

2. Challenge raised in the present writ petition is to the

order of dismissal dated 5.6.2007 that was issued by the Chief

Executive Officer, Zilla Parishad, Wardha thereby terminating the

services of the petitioner from the post Senior Assistant,

Panchayat Samiti, Karanja in view of the petitioner's conviction

by the Special Court, Wardha on 26.4.2007 for the offence

punishable under Sections 7, 13(1)(d) read with Section 13(2) of

the Prevention of Corruption Act, 1988. It is not in dispute that

the conviction of the petitioner has been set aside in Criminal

Appeal No.180/2007 by the judgment dated 15.9.2022 (Ramesh

S/o Timaji Masram V/s. State of Maharashtra, through Anti

Corruption Bureau, Wardha). The Chief Executive Officer has

issued order on 27.7.2023 thereby cancelling the order dated

5.6.2007 that was impugned in the present writ petition for the

reason that the petitioner has been acquitted of the offence with

which he was charged. The said communication further states

that steps will be taken to release all retiral benefits of the

petitioner including allowances and arrears. In view of aforesaid, 3 wp1073.2023

the writ petition is disposed of by directing the respondent No.1

to release all the benefits of the petitioner admissible to him in

view of the withdrawal of the order of punishment dated

5.6.2007. The dues of the petitioner be settled within a period of

three months which would be till the end of November 2023.

Rule is made absolute in the aforesaid terms. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 31/08/2023 11:00:37