Dr. Rahul Yashawant Salunkhe v. Pimpri Chinchwad Municipal Corporation And ORS.

1/2 8086.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8086 OF 2016 Dr.Rahul Yashwant Salunkhe .. Petitioner vs Pimpri Chinchwad Municipal Corpn & ors.. Respondents Mr.N.A.Kulkarni a/w Mr.A.R.Belge for Petitioner. ..

CORAM : ANOOP V. MOHTA & G.S.KULKARNI, JJ.

DATE:

20 JULY, 2016.

ORDER

1.

On hearing learned counsel for the petitioner, we are inclined to dispose of the present writ petition as an appeal under section 56 (1) (d) of the Mumbai Municipal Corporation Act, 1949 against the impugned order dated 6 May 2016 passed by the Medical Superintendent is still pending. However, pending the same, the respondents are deducting Rs.18,932/- per month without giving any show cause notice and/or hearing to the Petitioner.

2.

Therefore, we direct the respondents to decide the appeal so filed as early as possible preferably within thee weeks. In the meantime for the grounds so raised in the petition and for the fact that without even

2/2 8086.16 giving show cause notice and any opportunity to the petitioner as respondents have already started deducted the amount monthly from salary of the petitioner, we are inclined to observe that no further deductions be made till the decision of the appeal and two weeks thereafter if adverse order is communicated to the petitioner. Petition is accordingly disposed of with liberty. Parties to act on authenticated copy of the order. (G.S.Kulkarni, J.) (Anoop V. Mohta, J.)