Shri. Ajit Laxman Godambe v. The Commissioner, Bhiwandi Nizampur City Municipal Corporation

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8514 OF 2017 Ajit L. Godambe ..Petitioner Vs The Commissioner, Bhiwandi Nizampur City Municipal Corporation,Bhiwandi Dist. Thane.

..Respondent Ms Anita Bhaktwani for the Petitioner.

Mr. N.R. Bubna for the Respondent.

CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 28, 2017.

P.C. :

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Not on board. In view of urgency, taken on production board.

2] The petitioner was working on the post of Ward Officer. He was served with an order of suspension and thereafter charge-sheet was issued. After holding inquiry, the petitioner was exonerated from the charges leveled against him by holding that he is not guilty of charges vide order dated 1st December 2016 (Exhibit-I). Thereafter, the matter was placed before the General Body of Corporation, which passed a Resolution on 16th March 2017 holding that the petitioner has been exonerated from the charges, he be taken on duty and his period of suspension be treated as in service and he be granted all the salary and allowances as per the rules.

Dinesh Sherla 1/2

2 509-wp-8514-17.sxw 3] It is not in dispute that the petitioner was retired on 1st December 2015.

4] Learned counsel appearing for the respondent - Corporation, on instructions, submits that the respondent - Commissioner will take appropriate decision, in accordance with law, taking into consideration the effect of the Resolution dated 16th March 2017.

5] In view of aforesaid, we dispose of this petition by directing the respondent - Commissioner to examine the Resolution dated 16th March 2017 and take appropriate decision on it, in accordance with law, as expeditiously as possible, preferably within three months from the date of receipt of copy of this order. 6] In case the Resolution dated 16th March 2017 is accepted, the consequential monetary benefits be extended in favour of the petitioner within two months from the date of taking of the decision. 7] The petition stands disposed of.

(M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Dinesh Sherla 2/2