Ramkrishna Tukaram Wategaonkar v. Divisional Controller, M S R T C

1 WP 1384/2005

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1384 OF 2005 Ramkrishna s/o Tukaram Wategaonkar Petitioner V E R S U S Divisional Controller, Nanded Division, Maharashtra State Road Transport Corporation Nanded and two others Respondents Mr. Sandeep Y. Mahajan, Advocate for the petitioner None present for the respondents CORAM : A. V. NIRGUDE AND V. K. JADHAV, JJ.

DATE : 21st October, 2015 PER COURT :

1.

This petition challenges order dated 9th January, 1993, holding him guilty for committing misconduct and awarding him penalty withholding of two increments permanently. The petitioner challenged this order before this Court by filing this petition. In the mean'time, the petitioner reached the age of superannuation. On perusal of the impugned order and earlier order, we find that the Departmental Enquiry was conducted as per the provisions of Rules applicable to the parties and an ample opportunity was given to the petitioner. The Enquiry Officer did not commit error in arriving at his conclusion. The only

2 WP 1384/2005 question that could be discussed here is, whether the quantum of sentence is disproportionate to misconduct too. Having regard to the facts of the case and the implication of the penalty awarded to the petitioner, we do not consider that it was disproportionate misconduct. The petition, therefore, cannot succeed. In view of above, Writ Petition stands dismissed. ( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. ) SRM/21/10/15