The Chief Officer Municipal Council v. Manohar Durgaji Kamle And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4962 OF 2022 IN WP/1511/2021 WITH WP/1511/2021 THE CHIEF OFFICER MUNICIPAL COUNCIL

VERSUS

MANOHAR DURGAJI KAMLE AND OTHERS Mr.S.V. Salunke, Advocate for the applicant.

Mr.P.S.Patil, AGP for respondent Nos. 1 to 3. ( CORAM : RAVINDRA V. GHUGE AND S.G. DIGE, JJ.) DATE : APRIL 1, 2022 PER COURT :

1.

This is an application filed by the Chief Officer, Municipal Council, Majalgaon Shri Vishal Shrirang Bhosale. Despite service of copy of the civil application to Mr.Bavthankar, he is absent. 2.

He specifically submits in this application while praying for recalling of the order of bailable warrant issued against the applicant, that there are 2 employees namely Mr.Anant Kale from the Establishment Department and Mr.Anil Dadke from the Inward Outward Department, who have ignored the notice of the High Court

- 2 - served upon the Municipal Council. Thereafter the Corporation has initiated action against both of them and they have been issued with show cause notices dated 10.03.2022 calling for an explanation and with the intimation that if the explanation is not satisfactory, they would be placed under suspension.

3.

We are satisfied by the reasons assigned by the Chief Officer. Since the show cause notice dated 10.03.2022 issued by him to the two employees indicates that they have earlier also committed similar mis demeanours, we direct him to recover the amounts of Rs.2,500/- from each of the two employees namely Mr.Kale and Dadke and deposit the same with the Advocate'

s Association of the Bombay High Court, Bench at Aurangabad, on or before 15.04.2022. Besides, he is at liberty to initiate appropriate disciplinary action against the two employees. 4.

With the above directions, this application is allowed and the order dated 28/03/2022 is withdrawn. Let an affidavit in reply on behalf of the Chief officer/respondent No.4 be entered in the writ petition on or before 16.04.2022.

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The writ petition shall therefore be listed for admission hearing on 27.04.2022.

( S.G. DIGE, J. ) ( RAVINDRA V. GHUGE, J.)