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Bombay High CourtWP/12297/2015disposed offdismissed for default

Gunwant Dodhu Wani v. The State Of Maharashtra And Others

2016-10-01Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.12297 OF 2015 Gunwant Dodhu Wani Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.Amol Sawant, advocate for the the petitioner. Mr.B.A.Shinde, A.G.P. for the State.

Mr.A.G.Talhar, advocate for Respondent Nos.4 and 5. CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 01.10.2016.

PER COURT :

1.

Heard.

2.

The pension of the petitioner is not yet sanctioned. According to the Respondents, the Respondents have to recover Rs.3,50,000/- (Rupees three lacs fifty thousand) from the petitioner and an amount of Rs.2,91,900/- (Rupees two lacs ninety one thousand nine hundred) is already retained by the Respondent institution. Only an amount of Rs.58,100/- (Rupees fifty eight thousand one hundred) remains to be recovered even according to the Respondents calculation. For the said purpose the pension papers of the petitioner need not be withheld nor the pension is required to be withheld.

3.

The Respondents shall forward the pension proposal of the petitioner as is applicable for his post. The Respondent No.2 shall sanction the said pension proposal in toto and not as a provisional one. From the pension amount that would be received by the petitioner, the Respondents will be entitled to deduct/retain Rs.58,100/- (Rupees fifty eight thousand one hundred). The said amount retained by the Respondents would be subject to the orders that may be passed subsequently in the proceedings if initiated by the petitioner. The clear proposal shall be forwarded by the Respondent Nos.4 and 5 within two (2) weeks from today. The same shall be processed and sanctioned as stated above expeditiously, preferably within three (3) months by the appropriate authority on receipt of the said proposal by the Respondent No.2. 4.

The Writ Petition is disposed of. No costs.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.01.10.2016.

asp/office/wp12297.15