The State Of Maharashtra Thr Its ... vs Naresh Narayanrao Deshpande
2023 Latest Caselaw 9786 Bom

                                                1                                     wp4432.23.odt

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

                          WRIT PETITION NO.4432 OF 2023
            [The State of Maharashtra and others .vs. Naresh Narayanrao Deshpande]
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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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                  Shri M.K. Pathan, AGP for the petitioners.
                               ..........

                               CORAM :              SUNIL B. SHUKRE AND
                                                    SMT. M.S. JAWALKAR, JJ.

DATE : 20/09/2023.

1. Shri M.K. Pathan, learned Assistant Government

Pleader submits that the findings recorded by the

Maharashtra Administrative Tribunal on facts and law both

are absolutely incorrect. He submits that while the

Tribunal says in paragraphs 7 and 10 of the impugned

order that there is nothing in the enquiry against the

applicant and that Enquiry Officer has not stated anything

against the applicant, the fact is otherwise. He points out

from the report of the Enquiry Officer that the Enquiry

Officer has found the respondent guilty at least on three

counts, which findings have been upheld by the

Disciplinary Authority.

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2. Learned Assistant Government Pleader further

submits that there is no provision made anywhere in Rule

27 of the Maharashtra Civil Services (Pension) Rules, 1982

which requires that for continuation of the departmental

enquiry initiated before the retirement of the government

employee, intimation about the continuation of the

departmental enquiry after his retirement is a must. In

support, he has taken us through the provisions made in

Rule 27 of the Rules, 1982.

3. Learned Assistant Government Pleader relies

upon the view taken by coordinate bench of this court at

principal seat in Writ Petition No.2820/2019 decided on

14th June, 2019 in which case the Division Bench has

observed in paragraph 18 that a conjoint reading of all sub-

rules of Rule 27 indicates that the appointing authority is

invested with the power to withhold or withdraw the

pension and the retirement of an employee does not

completely preclude the appointing authority from

initiating action for dealing with the misconduct of the

employee during currency of the service and that the

retirement does not confer complete immunity from the 3 wp4432.23.odt

action for the misconduct during period of employment.

4. Issue notice for final disposal to the respondent,

returnable within four weeks.

5. Meanwhile, having regard to the submissions

made across the bar, we direct that there shall be

ad-interim stay to the effect and operation of the impugned

judgment and order till next date.

                                           JUDGE                                  JUDGE


                 Gulande




Signed by: A.S. GULANDE
Designation: PS To Honourable Judge
Date: 20/09/2023 19:14:32