Angad Rambhau Jadhavar v. State Of Maharashtra Thr. Addi. Chief Secretary Home Dept. And ORS

31-IA-3137-2022 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3137 OF 2022 IN WRIT PETITION NO. 6129 OF 2022 Angad Rambhau Jadhavar .. Applicant In the matter between:

Angad Rambhau Jadhavar .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents Mr. Anilkumar T. Matte a/w Ms. Archana P. Gaikwad for applicant/petitioner.

Mr. M. M. Pabale, AGP for State.

CORAM: DIPANKAR DATTA, CJ. & ABHAY AHUJA, J.

DATE : NOVEMBER 23, 2022 P.C.:

1.

It appears that prior to the petitioner's retirement on superannuation, disciplinary proceedings have been drawn up against him by a charge-sheet dated 26th April, 2021. Such proceedings initiated under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 will be deemed to be proceedings under the Maharashtra Civil Services (Pension) Rules, 1982 in terms of rule 27 thereof. So long the disciplinary proceedings are not concluded, the petitioner is not entitled to any amount on account of retiral benefits, except provisional pension.

2.

The interim application filed by the petitioner is misconceived and, accordingly, stands dismissed. No costs.

31-IA-3137-2022 3.

However, we propose to consider the writ petition on Wednesday next (30th November, 2022). List the same at the top on the board.

4.

A copy of the writ petition may be served on Mr. Pabale, learned AGP for the State in course of tomorrow. Mr. Pabale shall obtain appropriate instructions with regard to the stage of the disciplinary proceedings that the petitioner has been facing.

(ABHAY AHUJA, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2022.11.24 15:49:49 +0530 PRAVIN DASHARATH PANDIT