Bhaurao Govind Bambode v. Forest Development Corporation Of Maharashtra Ltd Through Its Managing Director And Others

1 ca 1344.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.1344 OF 2021 IN REVIEW APPLICATION STAMP NO. 33446 OF 2019 BHAURAO GOVIND BAMBODE

VERSUS

FOREST DEVELOPMENT CORPORATION OF MAHARASHTRA LTD THROUGH ITS MANAGING DIRECTOR AND OTHERS ...

Advocate for Applicant:

Mr. Karne G. J. and Mr. Kolhare S. R.

...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 29th JANUARY, 2021 PER COURT:

1.

Mr. Karne, learned Counsel submits that in the departmental enquiry the principles of natural justice were not followed, the petitioner was not provided opportunity of hearing, some of the documents were also not provided to the Review Applicant, all these aspects were not considered while passing the judgment under Review. The additional documents are also filed with the present Review Application to substantiate the contention of the present Review Applicant.

2 ca 1344.2021 2.

The Court while passing the judgment under review had considered that the Review Applicant was not diligent in working as a Forest Guard since he remained absent for more than four years without giving any explanation in writing to the department as to whether he was on leave or had taken appropriate sanction before proceeding on leave. He had also not participated in the departmental proceedings. The Court also considered that even after the order of termination, he filed appeal against it after two years. The petitioner approached this Court for filing writ petition after 1 year and 7 months of the dismissal of the appeal. The Court, thereafter, confirmed the order of termination. 3.

In view of the above, no case for review is made out.

4.

Review Application with Civil Application are disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe