← Library
Bombay High CourtWP/5627/2014disposed offdismissed for default

Gurunath Veerbhan Pawar v. Divisional Controller, M.S.R.T.C. Latur Division And Another

2016-03-18Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

WP 5627/14 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5627/2014 Gurunath Veerbhan Pawar.

...Petitioner..

Versus

Divisioinal Controller, MSRTC, Latur Division & another.

...Respondents...

.....

Shri V.P. Golewar, Advocate for petitioner.

Shri D.S. Bagul, Advocate for respondent.

.....

CORAM: RAVINDRA V. GHUGE, J.

DATE: 18.03.2016 ORDER :

1] Learned Advocate for the petitioner submits on instructions that the petitioner desires to withdraw this petition with a request to the respondent - Corporation to release his retiral benefits considering the fact that the petitioner has been dismissed from service for unauthorized absenteeism and not on account of any misconduct involving moral turpitude. 2] Shri Bagul, learned Advocate for the respondent - Corporation, without offering any assurance, submits that

WP 5627/14 - 2 - if the element of moral turpitude is not involved with regard to the mis-conduct of the petitioner and if the mis-conduct is restricted to the act of unauthorized absenteeism, the respondent - Corporation would consider the oral request made by the petitioner on its own merits in accordance with the rules applicable.

3] In the light of the above, this petition is disposed of as withdrawn on instructions. It is expected that the respondent - Corporation shall consider the request of the petitioner for releasing his retiral benefits in accordance with its rules applicable, within a period of four weeks from today.

(RAVINDRA V. GHUGE, J.) ndk/c1831613.doc