Babasaheb Khandrao Chavan v. Aurangabad Mahanagarpalika Through Its Administrator And Others

1 wp 6507.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6507 OF 2021 Babasaheb Khanderao Chavan .. Petitioner

Versus

Aurangabad Mahanagarpalika Through its Administrator and others .. Respondents Shri Chandrakant V. Thombre, Advocate for the Petitioner. Ms. Anjali Dube (Bajpai), Advocate for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

27TH AUGUST, 2021.

FINAL ORDER :

.

Heard Mr. Thombre, the learned advocate for the petitioner.

2.

The petitioner is challenging the notice dated 12.02.2021 issued by the respondent No. 2 initiating administrative action, so also recovery of amount from the petitioner. It is further directed under the notice dated 19th May, 2021, that the petitioner shall deposit 50% of the amount within 30 days, else FIR would be registered.

3.

Ms. Dube, the learned advocate for the respondents on instructions submits that, the departmental enquiry has been initiated against the petitioner. Pending departmental enquiry,

2 wp 6507.21 the petitioner is sanctioned provisional pension, which the petitioner is receiving. The learned counsel on instructions further submits that, till the departmental enquiry is concluded, the respondents would not recover amount from the petitioner pursuant to the notice for which show cause notice is issued. However, action would be taken in tune with the decision arrived at in the departmental proceeding.

4.

In view of the said statement made by the learned advocate for the respondents, no further adjudication is required. The writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Aug.21